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(영문) 서울고등법원 2020.05.07 2019나2036019
계약자지위확인 등 청구의 소
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the business of dismantling structures, etc., and the Defendant is a housing redevelopment and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained approval for the establishment of a partnership on September 22, 2009 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”).

B. A general meeting resolution, etc. on the Defendant’s selection of the contractor

1. 1) Notice of Participation in Tender 1) 2) A of the example of selection (1) A of the method of selecting the work executor and the members of the work association at the general meeting of the Union for the selection of the work executor to submit a proposal for the removal company at the time of participation of the work executor (a separate indication of bid price for the removal company) 3) A of the selection of the work executor and the removal company at the meeting of the Union for the selection of the work executor 4) A of the selection of the work executor and the removal company, respectively, (a) D of the removal company - D of the removal company - the members of the association at the general meeting of the Union for the association, (b) one of the constructors A, B, D, E, and F, including the voting cost of the removal company after the general meeting of the association, the Defendant had the selection of the work executor as follows, and (b) submitted the proposal to the Defendant for the removal of the work executor (hereinafter “HG”) as a bid agreement with the Plaintiff (hereinafter “the Plaintiff”).

3) On December 23, 2009, the Defendant: “Selection of a work executor (including the removal work) and the construction of delegation of the conclusion of a contract” (hereinafter “instant agenda”).

agenda items, etc.

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