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(영문) 서울동부지방법원 2018.09.13 2017가합107917
총회결의무효
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 association establishment promotion committee approved by the head of Songpa-gu Seoul Metropolitan Government on June 28, 2016 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”), and the Plaintiff is the owner of land within the Defendant’s jurisdiction.

B. On September 23, 2016, the Defendant announced a public announcement on the selection of a management entity specialized in improvement projects, and on September 30, 2016, a public announcement on the change of tender was made (hereinafter “instant bidding procedure”), and the main contents thereof are as follows.

Replacement and public announcement of bidding for rearrangement project management contractors

2. Bidding methods: Limited competitive bidding; and

6. Selection method of specialized management businessmen of rearrangement projects: At least two enterprises to be presented to a general meeting of residents according to the order of qualification examination criteria-1 of Article 4 of the Act on the Criteria for Selection of Specialized Management Businessmen of Rearrangement Projects of Public Management (Act No. 2014-391), shall be determined by the committee of promoters, and one enterprise shall be selected by resolution at a general meeting of residents.

(a)Other detailed matters shall be subject to the bid guidelines to be distributed at the site site conference.

On October 7, 2016, the Defendant, while proceeding with the site descriptions to select a specialized management contractor, issued a bid guidelines for the selection of a specialized management contractor for rearrangement projects (hereinafter referred to as the “tender guidelines in this case”), and the bid guidelines III. Article 3 of the Regulations on the Participation in Bidding for Housing Reconstruction Projects (Standards for Qualification Examinations) (1) of the Regulations on the Participation in Bidding for Housing Reconstruction Projects, is limited to the following enterprises:

A person who has registered the management business of rearrangement projects in Seoul Special Metropolitan City under Article 69 of the Act;

(b) The Seoul Special Metropolitan City criteria for selecting management contractors of public management;

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