주민총회결의무효 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The defendant is a promotion committee established to promote the project of this case in Busan Nam-gu, Busan, and the plaintiff is a right holder of 1/2 of the area of implementation of the project of this case which is located in the area of implementation of the project of this case.
B. On July 28, 2006, the Defendant entered into a service contract with H (hereinafter “H”) with respect to the design business for the promotion of the instant project.
C. On November 17, 2017, the Defendant decided to publicly announce the bidding process to select a new designer of the instant project. On December 26, 2017, the Defendant announced the public announcement of the tender on December 26, 2017, and on January 2, 2018, the bidding closing time was determined and notified to the designer candidates as of January 14, 2018.
On January 5, 2018, the Defendant sent to the Defendant’s promoters a public notice to the effect that “In order to deal with the agenda items to be presented to the residents’ general meeting by the top-tier two enterprises in accordance with the above criteria based on the criteria for selection of management entities specialized in maintenance of public support in Busan Metropolitan City, the meeting of the promotion committee was held on January 18, 2018, which was the closing date of the examination, and by that day, the written written consent was sent.”
E. On January 12, 2018, the Defendant held a promotion committee and passed a resolution to submit to the residents’ general meeting an agenda item selected as a designer, among E (99 points) and H (93.67 points), the top two business entities (99 points) in accordance with the result of the bidding (a resolution of 112 members).
F. On February 3, 2018, the Defendant held a residents’ general meeting, and the said residents’ general meeting adopted the instant resolution with the consent of 427 persons, among 1,287 residents, 569.
G. On February 7, 2018, the Defendant entered into a service contract with E regarding the design business of the instant project (hereinafter “second contract”).
(h) Article 77-4 (Public Support for Rearrangement Projects and Information Disclosure) of the former Urban Improvement Act (amended by the head of Si/Gun) of the relevant provision.