Text
1. The Defendant’s corrective order issued to the Plaintiff on March 12, 2019 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff is a council of occupants’ representatives comprised of representatives from each Dong of A apartment located in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant apartment”).
B. On September 29, 2018, upon the expiration of the period of entrusted management contract with C Co., Ltd., the existing housing management operator of the apartment of this case, the Plaintiff discussed how to select housing management operators according to competitive bidding methods and how to follow a negotiated contract with the existing housing management operator. On February 19, 2019, the Plaintiff decided to decide to select housing management operators as residents’ voting.
C. On March 7, 2019, the Defendant received a civil petition that the Plaintiff is promoting the selection of a housing management operator by a negotiated contract with the existing housing management operator, not by competitive bidding, and sought the Plaintiff’s opinion. On March 7, 2019, when selecting a new housing management operator by competitive bidding with the Defendant, the Plaintiff presented an opinion to the effect that, compared to the case of a new housing management operator’s recontract with the existing housing management operator, the amount of annual leave allowances paid to the employees of the management office increased, thereby causing additional economic burden to the resident’s interests, thereby protecting the interests of the resident and determining the method of
When the defendant intends to select the existing housing management operator again to the plaintiff on March 12, 2019 by a free contract, he/she shall make a resolution with the consent of a majority of members of the council of occupants' representatives at least 60 days prior to the expiration of the contract pursuant to Article 5 (2) 2 of the Enforcement Decree of the Multi-Family Housing Management Act and Article 44 of the Management Rules of the Multi-Family Housing of this case, and make it public on the website and bulletin board and hear the opinions of occupants, etc., so it is not possible for the plaintiff to re-