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(영문) 서울고등법원 2017.06.14 2016누77188
시공사 신고 수리처분 무효 확인의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal shall include the part resulting from the participation in the appeal.

Reasons

The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is to dismiss the “city construction work” of the judgment of the court of first instance as the “city construction work” of the judgment of the court of first instance. With respect to the allegations emphasized by the plaintiffs in this court, the grounds of the judgment of the court of first instance are the same as that of the judgment of the court of first instance, except for additional determination as provided in the following

In addition, the instant association did not enter into an execution contract with the intervenor before entering into the provisional contract for construction work around May 10, 2005.

According to the Addenda of the Enforcement Rule, a construction contract, etc. shall be submitted when the construction contractor is selected and reported, and the construction contract shall not be deemed to have been submitted in light of the fact that the preservation period is at least ten years.

Even if the submitted construction contract was destroyed after the expiration of the preservation period, the execution contract is not forged or executed through legitimate procedures, and thus, the disposition of this case based on this is null and void because its defect is serious.

Judgment

Examining the facts acknowledged earlier in light of the provisions of the relevant statutes, the following circumstances can be revealed, and thus, the instant association and the Intervenor did not enter into the construction contract before the selection of the contractor.

It is insufficient to recognize that the contractor did not submit the construction contract at the time of reporting the selection of the contractor.

The above assertion by the plaintiffs is without merit.

① According to the Addenda to the Enforcement Rule, a person who has reported the selection of a contractor shall report along with the documents attesting that he/she meets the requirements of the supplementary provision of this case, such as a construction contract. The intervenor was already selected as a contractor at the inaugural general meeting of the instant association on November 23, 200

An intervenor was selected and reported by the contractor as the Urban Improvement Act was enacted on December 30, 2002 and enforced on July 1, 2003.

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