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(영문) 수원지방법원 2014.05.22 2013가합23580
해임결의무효확인
Text

1. On September 12, 2013, at the representatives of respective buildings in Suwon-si P Apartment, the Defendant: (a) on September 12, 2013, the Plaintiff A, C, D, D, E, F, G, H, I, J, and J.

Reasons

1. Basic facts

A. The Defendant is a non-corporate body comprised of representatives from each Dong of P Apartment, a multi-family housing with at least 500 households located in Suwon-si Q (hereinafter “instant apartment”), and the Plaintiffs were elected as representatives from the 16th election of representatives from each Dong-gu apartment of this case to perform their duties.

B. The Defendant, at a temporary conference on June 21, 2012, conducted waterproof and painting of the outer wall of the instant apartment (hereinafter “instant construction”). On August 21, 2012, based on the limited competitive bidding method, decided to select a minimum of KRW 627,00,00 as a sealed bidder at a minimum price below 627,00,00 according to the calculation sheet, and then announced a public announcement on August 23, 2012.

C. On October 16, 2012, the Defendant decided to change the qualification for participation in bidding from 1 billion won or more to 1.2 billion won or more as of the date of public announcement. The above resolution was adopted by six representatives of each Dong present at the time, with the consent of 14 representatives present at the time, but the quorum was below the quorum. However, on October 17, 2012, the corrective public notice was made by changing the qualification for participation in bidding to 1.2 billion or more capital as of the date of public announcement.

According to the above notice, four companies participated until October 23, 2012 as a result of the bidding, and the defendant decided to approve the defects below the quorum of the resolution of change as of October 16, 2012 when it decided to award the construction contract for the Hayy Construction, which presented the lowest price of KRW 994,00,000 among them on October 24, 2012.

E. Even after the decision on successful bid, R, a resident of the instant apartment, did not properly proceed with the instant construction, raised an issue by organizing the “P Apartment Dom Illegal Construction Emergency Countermeasures Committee” and accordingly, the head of the instant apartment management office held a general meeting of occupants on August 30, 2013.

F. Since the above General Assembly, R has obtained the consent of at least 1/10 of the occupants, etc. for each Dong on September 4, 2013.

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