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1. The decision that the Defendant selected the Si Corporation as the Si Corporation Industry at the general meeting of the Association on August 29, 2014 is null and void.
Reasons
1. Basic facts
A. The defendant is a housing reconstruction project partnership consisting of 224 members in order to implement a housing reconstruction project (hereinafter "the instant project") in a total of 52,184 square meters in Daegu-gu B, etc., and the plaintiffs are the defendant's members.
B. The Defendant had gone through a competitive bidding to select the contractor of the instant project, but failed at least three times, and on August 29, 2014, the Defendant passed a resolution to select the chemical industry as the contractor by holding a general meeting of the partnership on August 29, 2014, with the affirmative votes of 161 among the 161 voters, 92 marks, dissenting votes 62 marks, flag rights, and invalid 7 marks.
(hereinafter referred to as “instant resolution”). C.
(1) Article 11 (Selection, etc. of Work Executors) (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall select a constructor or registered project operator as a contractor by means of competitive bidding determined by the Minister of Land, Infrastructure and Transport at the general meeting of associations after obtaining authorization to establish an association under Article 16: Provided, That in cases of an improvement project smaller than the scale prescribed by Presidential Decree, the association may select a constructor or registered project operator at the general meeting of associations, as prescribed by the articles of association:
Provided, That the method of designated competitive tendering shall be limited to a rearrangement project with not more than 200 members.
(2) Notwithstanding paragraph (1), a free contract may be concluded upon a failure on at least three occasions due to failure, failure, etc., following a resolution by a general meeting, and in cases of a rearrangement project smaller than the scale prescribed by Article 19-2 of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents
Article 14 (Resolution, etc. of General Meeting) (1) A majority of the total number of members shall be a general meeting.