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(영문) 서울서부지방법원 2012.06.15 2011가합9051
총회결의무효
Text

1. The plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant Cooperative is established to implement a housing redevelopment project in Eunpyeong-gu, Seoul, BZ, and CA Total 118,738.20 square meters, and is a housing redevelopment project partnership approved by the head of Eunpyeong-gu on September 15, 2009, and the Plaintiffs are the members of the Defendant Cooperative.

B. On August 16, 2010, the Defendant Union: (a) held a board of representatives to select a contractor by means of a general competitive bidding; (b) held at least three bidding participants; (c) selected two companies to be presented to the general meeting by means of confidential voting at a meeting in which a majority of the incumbent members of the board of representatives participate in the bidding; and (d) decided to submit all the two companies to the general meeting upon a resolution of the board of representatives, if

C. On August 17, 2010, the Defendant Cooperative announced a public announcement of the selection of a contractor. By the final date of the tender, the Defendant Cooperative participated in the tender of the contractor by large Construction Co., Ltd., lotl Construction Co., Ltd., Ltd., Daewoo Construction Co., Ltd., KS Construction Co., Ltd., Ltd., and by 3 companies of Hyundai Construction Co., Ltd.

On September 4, 2010, the Defendant Union held a board of representatives and decided to submit treatment construction consortiums to the general meeting as the candidate for the work executor among the three companies that participated in the bidding on the “case of the deliberation on the selection of the work executor”, which is the agenda item 1.

E. On September 4, 2010, the Defendant Union convened and announced that the special meeting (hereinafter “instant special meeting”) will be held on September 19, 2010 to resolve the agenda indicated in the attached list. On September 19, 2010, the Defendant Union held the instant special meeting and passed a resolution on the agenda indicated in the attached list. On September 3, 2010, the Defendant Union, as the subject of subparagraph 3, was selected as the contractor.

F. The Plaintiffs on January 201

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