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(영문) 서울행정법원 2018.05.24 2018구합60366
고시무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an entity that operates a decoration, waterproof and landscaping construction business, painting construction business, facility maintenance and management business, etc. for multi-family housing.

B. The nine construction companies, including the Plaintiff, etc., participated in the construction of the lub village and the construction of the lub village, the construction of the lub village, the construction of the lub village, the construction of the lub village, the construction of the lub apartment, and the construction of the lub complex, based on the bidding price delivered by the Slub Construction Co., Ltd. (hereinafter “Alub Construction”), and the Fair Trade Commission imposed corrective measures and penalty surcharge of KRW 2 million on the Plaintiff on January 9, 2018 on the ground that the aforementioned acts by the Plaintiff, etc. constitute an unfair collaborative act under Article 19(1)8 of the Monopoly Regulation and Fair Trade Act.

(c) The Defect Maintenance and Repair Work shall, in general, be carried out by the same entity as the Plaintiff through the following procedures:

Meanwhile, pursuant to Article 25 subparagraph 2 of the Multi-Family Housing Management Act and Article 25 (3) subparagraph 1 of the Enforcement Decree of the Multi-Family Housing Management Act, the main contents of the Defendant’s guidelines for selection of housing management operators and business operators on December 30, 2016 (Public Notice of the Ministry of Land, Infrastructure and Transport No. 2016-943, hereinafter “instant selection guidelines”) are as follows.

Article 1 (Purpose) The purpose of this Guidelines is to prescribe matters delegated concerning the selection of housing management operators under Article 5 (2) 1 of the Enforcement Decree of the Multi-Family Housing Management Act, the selection of business operators under Article 25, and the method of electronic tendering under Article 5 (1) and matters necessary for the enforcement thereof.

Article 2 (Scope of Application) (1) This Guidelines shall apply to multi-family housing subject to compulsory management under Article 2 of the Enforcement Decree of the Multi-Family Housing Management Act (hereinafter referred to as the "Decree") in any of the following cases:

1. Where the council of occupants' representatives selects a housing management operator pursuant to Article 5 (2) 1 of the Decree;

2. The council of occupants' representatives or the council under Article 25 of the Decree;

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