logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2017.11.09 2017가합101732
시공자선정결의 무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is the Housing Redevelopment and Improvement Project Association which completed the registration of incorporation on May 22, 2009 with the authorization of incorporation on May 19, 2009 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 10268, Apr. 15, 2010) in order to implement a housing redevelopment project whose project implementation district covers the Manyang-gu Incheon Metropolitan City C Group as a project implementation district, and the Plaintiff is the Defendant’s member.

B. The former Promotion Committee for the Establishment of the B Housing Redevelopment Project Association (hereinafter “Promotion Committee”) was established for the purpose of preparing housing redevelopment improvement projects, such as the establishment of the Defendant Cooperatives, and was approved for the establishment of the Ansan Market on August 16, 2006.

C. On August 24, 2006, the promotion committee held a general meeting of residents and passed a resolution to select Samsung C&T Co., Ltd. (hereinafter “T&T”) who independently participated in the bidding as the contractor by holding the agenda No. 1 [the case of the selection of a joint implementer (contractor)].

After obtaining the authorization of establishment, the Defendant Union announced a new announcement of the selection of construction works, and opened the site site conference on September 2, 2009.

Although five construction companies, including Samsung C&T, participated in the site descriptions conference, only the Samsung C&T industry participated in the bidding among them, and 470 members (direct members: 135 members, and 335 members: 335 members) from among 727 members at the extraordinary general meeting of November 22, 2009 (hereinafter “instant general meeting”), a resolution was made to select Samsung C&T as a contractor (hereinafter “resolution of this case”).

▣ 구 도시 및 주거환경정비법(2005. 3. 18. 법률 제7392호로 일부 개정되어 2006. 5. 24. 법률 제7960호로 일부 개정되기 전의 것, 이하 ‘구 도시정비법’이라 한다) 제11조(시공자의 선정) ① 주택재건축사업조합은 사업시행인가를 받은 후 건설업자 또는...

arrow