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(영문) 대구지방법원 2012.12.28 2012고정1102
도시및주거환경정비법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is an acting representative of the head of the housing reconstruction and improvement project association of Daegu Dong-gu.

In order to select a contractor who selects or selects a contractor for a housing reconstruction project, the contractor shall be selected through open competitive bidding in accordance with the articles of association of the association, and if the contractor has failed at least three times due to failed bidding, etc., a negotiated contract may be concluded through a resolution of the general meeting. However, the Defendant announced only one time at the Daegu newspaper on July 18, 201, and then, the Defendant, on November 4, 201, designated the three comprehensive mining construction as a single bidder at the F in Daegu-gu Dong-gu, Daegu-gu, as a joint contractor under the same conditions as the existing contractor, with the consent of at least 2/3 of the number of union members present at the general meeting.

2. Article 11(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "a constructor or registered business operator shall be selected by means of competitive bidding as determined by the Minister of Land, Transport and Maritime Affairs after obtaining authorization to establish an association under Article 16," and Article 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "a cooperative shall select a constructor by means of competitive bidding as determined by the Minister of Land, Transport and Maritime Affairs, and may designate a constructor by limiting or designating the qualifications of a constructor where it intends to select a constructor."

Meanwhile, according to the records, the cooperative failed to comply with the public announcement of the selection of a contractor three times from March 2007 to May 20 of the same year, and it entered into a negotiated contract with the State Construction on June 30, 2009. However, it did not constitute a PF loan by itself, and it did not constitute a PF loan.

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