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(영문) 서울중앙지방법원 2015.12.17 2015가합21009
공사도급계약무효확인 등
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From around 1995, with respect to 1,60 households E 1,2, and 6,600 apartment units in Songpa-gu Seoul, Seoul (hereinafter “instant apartment units”), the reconstruction project was discussed by organizing the reconstruction promotion committee for each complex. However, the reconstruction promotion committee aimed at promoting the reconstruction project by combining the instant apartment units as one of the whole.

On July 13, 2002, the Reconstruction Promotion Committee’s inaugural general meeting was established by Defendant E apartment house reconstruction and rearrangement project association (hereinafter “Defendant Association”) that takes the head of G as the head of G through the inaugural general meeting of the said rebuilding Promotion Committee. The Defendant Association passed a resolution to select the remaining Defendants (hereinafter “Defendant Construction Company”) as the contractor of the instant apartment housing reconstruction project (hereinafter “instant reconstruction project”).

B. On March 28, 2003, the Defendant Union entered into a construction contract agreement with Defendant Construction Company regarding the promotion of the instant reconstruction project, and on May 24, 2003, the Plaintiff Association again held an inaugural general meeting and passed again through the resolution procedure on the agenda resolved at the previous inaugural general meeting.

C. On June 12, 2003, in order to promote the instant reconstruction project, the Defendant Union obtained authorization to establish the association from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “the head of Songpa-gu”) pursuant to the former Housing Construction Promotion Act, and completed the registration of incorporation on July 15, 2003 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 7 (2) of the Addenda to the Act on Urban Improvement, which was enacted on December 30, 2002 and enforced on July 1, 2003, is a housing reconstruction project for which the contractor is selected with the consent of at least 1/2 of the owners of the land, etc. and with the consent of at least 1/2 of the owners of the land, etc. who already concluded the construction contract or with the consent of at least 1/2 of the owners of the land, etc. before August 9, 2002.

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