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(영문) 의정부지방법원 2016.06.22 2014가합10240
시공사선정무효확인
Text

1. Of the instant lawsuits, the construction works of the Residents’ General Meeting on December 9, 2005 at the time of the establishment promotion committee of B Housing Redevelopment Project Cooperatives.

Reasons

1. Basic facts

A. The owners of land D and E, including C, filed an application for approval of the Establishment Promotion Committee at the Gu-ri City in order to implement the housing redevelopment improvement project (hereinafter “instant redevelopment project”) on a large scale of the said land, and the Gu-ri market approved the promotion committee on November 14, 2005.

B. The Promotion Committee for the Establishment of the B Housing Redevelopment Project Association (hereinafter “Promotion Committee”) approved as such was conducted from November 21, 2005 to December 29, 2005 for the selection of the project. On December 9, 2005, a residents’ general meeting held a public meeting to select a large-scale forest industry corporation as the project implementer based on the results of the tender conducted at the above time, and the specific execution of the contract was resolved to delegate it to the Promotion Committee.

(hereinafter “Resolution of the Residents’ General Meeting”) C.

Since then, the promotion committee applied for authorization to establish the association, and on August 10, 2007, the defendant association was established with the authorization to establish the association from the old market.

On September 30, 2008, the Defendant Cooperative held a general meeting of association and voted on the agenda to be selected as a contractor for the instant redevelopment project by the resolution of the resident general meeting of this case as a substitute forest industry corporation selected as a contractor for the instant redevelopment project through an open competitive bid conducted by the promotion committee. The above agenda was resolved with the consent of 169 from among the 255 members present.

(hereinafter “Resolution of the General Meeting of Association”). E

After that, the defendant union prepared a draft contract for construction work in consultation with the Daelim Industrial Co., Ltd., and passed a resolution on June 30, 2015 at the regular general meeting of cooperatives to enter into the contract as it became known.

F. The articles of incorporation of the defendant association shall determine the method of selecting a contractor as follows:

Article 12 (Selection of Work Executor and Contract) (1) The selection of work executor shall be made by means of general competitive bidding or selective competitive bidding, but after holding the site site consultation committee, a proposal for participation shall be made.

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