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1. The Defendant’s corrective order against the Plaintiff on April 9, 2015, as to the violation of the selection of the entrusted management business entity, shall be revoked.
2...
Reasons
1. Details of the disposition;
A. On March 17, 2015, the Plaintiff was the council of occupants’ representatives composed of representatives from among the occupants of modern metro-building apartment (hereinafter “instant apartment”). On March 17, 2015, the period of entrusted management contract with the existing housing management operator expired, the Plaintiff announced a public announcement of tender to select a new housing management operator (hereinafter “instant public announcement of tender”). The main contents are as follows.
2. The type of bidding: Limited competitive bidding;
3. Qualifications for participation;
(a) An enterprise whose capital is at least five hundred million won as of the date of public announcement;
(b) An enterprise which does not fall under Article 9 (Restriction on Qualifications for Participation) (1) of the Public Notice of the Ministry of Land, Transport and Maritime Affairs;
(c) An enterprise whose total area of management is at least 500,000 square meters;
(d) An enterprise which manages at least 300 apartment complexes with at least 25 apartment complexes;
6. Date of closing and opening of documents;
(c) Date and time and place of opening: The representative meeting room of 30: March 24, 2016 at 18:30 minutes (it may be changed according to the schedule of the representative meeting);
7. Determination by the council of occupants' representatives in accordance with the detailed evaluation table of qualification examinations for apartments from among enterprises which have passed the examination of qualification for participation.
B. On March 24, 2015, the said bidding participated in the Seocho-gu Housing Co., Ltd. (hereinafter “Syoung Housing”), the limited company, the former North Korean Housing Research Institute (hereinafter “the former North Korean Housing”). On March 24, 2015, the Plaintiff entered into a contract on the management of the housing and the instant apartment under the name of the Plaintiff, on the ground that six representative members present at the council of occupants’ representatives were the same as Seocho-gu Housing and the former North Korean Housing were 554 points, but four representative members among the six representative members were the highest evaluation of the former North Korean Housing, and on the ground that two persons were the highest evaluation of the former North Korean Housing (hereinafter “the instant housing management operator”), and on March 30, 2015, the Plaintiff entered into the contract on the management of the housing and the instant apartment under the name of the Plaintiff.
C. The defendant is the same evaluation score by not less than two bidders.