위탁관리업체 선정결의 무효확인 소송
1. Plaintiff C, Plaintiff D, Plaintiff E, Plaintiff F, Plaintiff G, Plaintiff H, Plaintiff I, Plaintiff J, and Plaintiff K respectively.
2...
1. Basic facts
A. The plaintiff A and B are members of the council of occupants' representatives of L Apartments (hereinafter "the apartment of this case"). The remaining plaintiffs are the occupants of the above apartment, and the defendant is the council of occupants' representatives of the above apartment.
B. On December 1, 2014, the Defendant held a temporary council of occupants’ representatives (hereinafter “the instant prior council”) on December 1, 2014, with the consent of 10 persons on the agenda that “as to the selection of housing management companies, it shall be a limited competitive bid under Article 52(4) of the Enforcement Decree of the Housing Act and Article 2014-393 of the Public Notice of the Ministry of Land, Infrastructure and Transport (Guidelines for Housing Management and Business Entities)” in relation to the selection of housing management companies.
(hereinafter “Prior Resolution”) C.
On December 4, 2014, the Defendant sent a public notice of the tender by a housing management operator on the website of K-apt (multi-family housing management information system) stating “the bidding deadline is 11:00 on December 11, 2014.”
On December 5, 2014, the N of the Management Office of the apartment of this case violated the relevant laws and subordinate statutes and sent a request for reexamination to the defendant president and the representative of each Dong.
E. On December 11, 2014, the Defendant: (a) held a council of occupants’ representatives (hereinafter “instant meeting”); (b) made a resolution to the effect that “the instant meeting was awarded a successful bid for the Hatech to an entrusted management company among 3 entrusted management companies of O, P, and Hatech Housing (hereinafter “Hatech”) by attending a total of 11 members (hereinafter “instant resolution”).
F. Part of the management rules of the instant apartment are as follows.
Article 17 (Election of Representatives by Building) (1) The prescribed number of the representatives of a Dong that forms the council of occupants' representatives shall be 22 persons in total, and one person for each building (two persons for a complex building).
Article 18 (Composition of Council of Residents' Representatives) (1) The council of occupants' representatives shall consist of the fixed number of representatives by buildings under Article 17 (1).
Provided, That if two-thirds or more of the members are elected, such election shall be made.