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(영문) 서울서부지방법원 2013.06.14 2012가합12146
조합총회결의무효확인
Text

1. On May 15, 2010, the Defendant selected at the Assembly as a contractor of housing redevelopment improvement project.

Reasons

1. Basic facts

A. The Defendant, as a redevelopment and consolidation project association (hereinafter “Defendant partnership”) that completed the establishment registration on July 28, 2009 after obtaining authorization on July 28, 2009 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the total area of 78,920 square meters in Eunpyeong-gu Seoul Metropolitan Government as a project implementation district, was 827 square meters, and the Plaintiffs are the members of the Defendant partnership.

B. On March 18, 2010, the Defendant Cooperative announced a bid to select a contractor. On March 26, 2010, the 14 construction companies, including NAS Construction Co., Ltd. (hereinafter “NS Construction”) and Hyundai Construction Co., Ltd. (hereinafter “NS Construction”) participated in the bidding. After that, the Defendant Cooperative participated in the bidding only SS Construction and Hyundai Construction until April 16, 2010.

C. After that, on April 27, 2010, the board of representatives of the Defendant’s association presented to the general meeting for the selection of a contractor for SS Construction and Hyundai Construction who participated in the tender. After that, on May 8, 2010 and May 15, 2010, at the general meeting of the Defendant’s association held on May 15, 2010, Hyundai Construction was selected as the contractor by obtaining 331 votes (in writing, 67 votes, on-site voting 264 votes) and 402 votes (in writing, 200 votes, on-site voting 202 votes) from the general meeting of the Defendant’s association held on May 15, 2010.

(hereinafter “the instant decision to select the contractor”). D.

After that, on April 2, 2012, the Defendant Union prepared a contract agreement draft after consultation with SP Construction, and on May 3, 2012, after resolution by the board of directors of the Defendant Union, the Defendant Union passed a resolution by the board of representatives of the Defendant Union on May 26, 2012, on May 26, 2012, with an affirmative vote of 431 (in writing voting 399, on-site voting 65), opposing 32 votes (in writing voting 6, on-site voting 25), and a letter of contract agreement (in writing voting 6, on-site voting 25 votes) with SP Construction.

(hereinafter “Resolution of the instant contract”). E.

The relevant provisions of the Urban Improvement Act shall be as follows:

Article 11 (Selection, etc. of Work Executor) (1) An association shall obtain authorization to establish an association under Article 16.

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