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(영문) 서울서부지방법원 2011.12.15 2010가합15509

총회결의무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant union was established to implement a housing redevelopment project in Eunpyeong-gu Seoul Metropolitan Government, D, E large scale 118,738.20 square meters pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter the "Urban Improvement Act"), and was approved by the head of Eunpyeong-gu on September 15, 2009 by the head of the Gu, and the plaintiff is a member of the defendant union.

B. On August 16, 2010, the Defendant Union: (a) held a board of representatives to select a contractor through a general competitive bidding; (b) held at least three bidding participants; (c) selected two companies to be presented to the general meeting by means of confidential voting at the meeting in which a majority of the incumbent members of the board of representatives participate in the bidding; and (d) decided to submit the two companies to the general meeting upon the resolution of the board of representatives if they participate in the bidding; and (e) decided to select a specialized management project manager as a limited competitive bidding method by applying Article 48(4) of the above Ordinance and Article 44 of the Seoul Special Metropolitan City Ordinance on the Improvement of Urban and Residential Environments, pursuant to Article 77-4 of the Act and Article 44 of the Seoul

C. On August 17, 2010, the Defendant Cooperative participated in the bidding process for the selection of a contractor and a rearrangement project management contractor. At the end of the bidding process, the 16 companies, including large-scale construction companies, lot construction companies, consortiums, KS construction companies, treatment construction consortiums, Hyundai Construction Co., Ltd. (hereinafter “large-scale construction and lot construction consortiums”), e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e

The defendant union held a board of representatives on September 4, 2010 and held a "case of deliberation on the selection of a work executor", which is an agenda item of subparagraph 1.