logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2019.08.28 2018나57240
총회결의무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Defendant is a housing redevelopment improvement project (hereinafter “instant improvement project”) with a total area of 251,687 square meters of land in Suwon-gu, Busan as an improvement zone.

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) shall apply.

(2) On December 29, 2005, after obtaining approval of the committee for the establishment of an association on July 27, 2016, the Housing Redevelopment Project Association completed the registration of incorporation on August 10, 2016 after obtaining authorization for the establishment of an association on July 27, 2016, and the Plaintiffs are the Defendant’s members. 2) The Defendant’s Intervenor is a company engaging in civil engineering and construction works, and P Co., Ltd (hereinafter “P”) is a company engaging in real estate development implementation and related service business, etc.

B. On October 10, 2016, the Defendant publicly announced the selection of a contractor for the instant improvement project (i.e., the process of selecting a contractor for the instant improvement project) on October 10, 2016. On October 18, 2016, the site site conference was held on October 18, 2016, and the said site site conference was held by J Co., Ltd. (hereinafter referred to as the “J”).

) Ten construction companies, such as K and L, were present. The tender participation regulations distributed to construction companies present at the above site site conference (hereinafter referred to as “instant tender participation regulations”).

Article 1 (General Provisions) (1) The provisions of this Act shall provide for matters that the person who intends to participate in the instant rearrangement project implemented by the Defendant shall be responsible for the preparation of the proposal for the instant rearrangement project, the qualifications for participation in the tender, and the criteria for the selection of the contractor.

(2) The Ministry of Land, Infrastructure and Transport publicly notifies the Ministry of Land, Infrastructure and Transport shall select contractors according to the methods and procedures.

Other matters specified in the Urban Improvement Act and the articles of association.

arrow