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1. Of the instant lawsuit, the Defendant’s Daegu District Court (Seoul District Court 2016j. 953) rendered subsidies to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction improvement project association established under the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) on January 8, 2015 after obtaining authorization for the establishment of the association on January 8, 2015 in order to promote the reconstruction and improvement project of A apartment housing (hereinafter “instant project”). The Plaintiff’s telegraph is an organization established for the establishment of the committee for promotion of the reconstruction and improvement project of A apartment housing (hereinafter “Promotion Committee”).
The defendant is a specialized management businessman of rearrangement project established based on urban law.
B. On July 19, 2014, the promotion committee held a general meeting of residents and resolved to select the Defendant among the Defendant and C Company as a specialized management company of the instant project.
In the above resident general meeting, 199 persons, among 346 owners of total land, etc., cast a vote to the defendant as a management entity specialized in the improvement project of the project of this case, among 199 persons present (23 persons directly present, 166 persons present in writing, and 166 persons).
(c)
On August 26, 2014, a promotion committee entered into a service contract for specialized management of the instant project with the Defendant (hereinafter “instant contract”) and the content related to the instant case is as follows.
Article 3 (Scope of Specialized Management Affairs for Rearrangement Projects) (1) The defendant shall provide advice and support to perform the following affairs related to the project of this case by obtaining approval from the promotion committee or the next plaintiff (hereinafter referred to as "the plaintiff, etc."), and the preparation and processing of documents related to the specialized management affairs of the said rearrangement project shall be governed by the Act on Urban Development, the Operation Rules, the articles of association of the association, and the relevant regulations:
1. Designation of an improvement zone;
(a) Consultation and support for affairs related to the formulation of improvement plans;
(b) Management of the Schedule to the affairs related to the formulation of improvement plans;
2. Organization of the promotion committee;
(a) Inspection of requirements for organizing the promotion committee and collection of basic data;
(b) Business support for organizing the promotion committee;
(c) Affairs related to the organization of the promotion committee;