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(영문) 서울중앙지방법원 2016.01.13 2015가합19402
입주자대표회의 의결 무효확인
Text

1. It is confirmed that Article 50(3) of the B Apartment Management Rules, which was decided by the Defendant on April 20, 2015, is null and void.

2...

Reasons

1. Basic facts

A. The Plaintiff sent his child to the “E Child Care Center” (hereinafter “instant Child Care Center”), which is a child care center in the instant apartment, to the residents of Gangnam-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”) (on May 26, 2015) (hereinafter “instant apartment”).

B. From around 2009 to December 2014, Nonparty F received the instant childcare center from Nonparty G, and directly operated the instant childcare center after changing the name of its representative. At the time, the termination date of the lease agreement concluded with the Defendant regarding the instant childcare center was up to February 28, 2015.

C. On December 17, 2014, the date of expiration of the lease of a child-care center, the Defendant held a council of occupants' representatives on December 17, 2014 and resolved to select the operator of the child-care center in the instant apartment through open competitive bidding.

After that, on December 19, 2014, January 23, 2015, and February 2, 2015, the Defendant issued a public notice to select the operator of the child care center in the instant apartment complex as the subject of negotiations on February 10, 2015, and selected Nonparty D (at the time of the operation of the child care center) who participated in the bidding on February 10, 2015 through two consecutive bidding procedures, and subsequently dismissed the application by Seoul Central District Court as Seoul Central District Court 2015Kahap88 against the Defendant on December 17, 2014, for the suspension of the validity of the decision to select the operator of the child care center (tender competitive bidding) on December 17, 2014, on the ground that the above decision was suspended on March 27, 2015, thereby making it possible for Seoul Central District Court to file an appeal with the Defendant, thereby dismissing the application under Seoul Central District Court 2015.

The details of the contract (period, rent, re-contract, etc.) under the management rules of the apartment in this case shall be recognized as the operator of the following business and when the contract is awarded as the operator of the following business.

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