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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant is a housing reconstruction and rearrangement project partnership that obtained authorization on July 29, 2016 for the purpose of implementing a housing reconstruction and rearrangement project by making 44 lots of land I in Busan Young-gu as a project implementation district. The Plaintiffs are the Defendant’s members.
B. After the establishment of the association, the Defendant participated in the site site conference on October 18, 2016, including the Defendant’s Intervenor and the J, K, L, and M, but only the Defendant’s Intervenor and J participated in the open tendering procedure to select the work executor.
C. As a result of voting by 2,605 persons from the extraordinary general meeting of the cooperative (hereinafter “instant general meeting”) on December 18, 2016 (the number of direct members: 804 persons, and 1,801 persons: 1,801 persons who submitted a written resolution), a resolution was made to select the Defendant’s supplementary intervenor as the contractor (hereinafter “instant resolution”) with the Defendant’s supplementary intervenor 1,358 votes and J 1,216 votes.
Article 11 (Selection, etc. of Contractors) (1) The association shall select a constructor or registered business operator as a contractor by means of competitive bidding determined by the Minister of Land, Infrastructure and Transport at the association general meeting after obtaining authorization to establish the association under Article 16.
Provided, That the general meeting of cooperatives may select improvement projects smaller than the scale prescribed by Presidential Decree, as stipulated by the articles of association.
[Public Notice of the Ministry of Land, Infrastructure and Transport No. 2016-187, hereinafter referred to as “public notice of this case”)]
[3] A related person, including a constructor, is prohibited from individually publicizing his/her members (including the establishment of promotion centers and shelters, the distribution of promotional books, visits to each household, Internet publicity, etc.) and money and valuables, such as articles, etc. to cooperative members, management entities specialized in improvement projects, etc. for the purpose of publicity.