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(영문) 창원지방법원 2015.01.16 2014구합21217
시정명령취소
Text

1. The Defendant’s corrective order on May 13, 2014 regarding a violation of the duty to select housing management operators, which was issued to the Plaintiff, is revoked.

2...

Reasons

1. Details of the disposition;

A. The opening of the parties is an autonomous management body consisting of the representatives of each Dong among the occupants of the Seobong Village 9 Complex, 27, 599-ro, Seo Young apartment (hereinafter “instant apartment”).

B. On October 18, 2013, the Plaintiff: (a) decided the method of selecting a housing management operator by holding a council of occupants’ representatives on October 18, 2013; and (b) decided on the method of selecting a housing management operator by means of open bids, qualification examination systems, etc.; and (c) on October 19, 2013, guidelines for the selection of housing management operators and business operators (No. 2013-356, Jun. 28, 2013; hereinafter

(2) The Plaintiff received a tender document by November 1, 2013 after the public announcement of the tender, and on November 3, 2013, the Plaintiff selected a joint housing management operator as a housing management operator through the tender presentation and the council of occupants’ representatives on November 13, 2013, and entered into a contract on the management of the instant apartment on November 13, 2013.

C. On November 18, 2013, the Defendant issued a reply to the Plaintiff on November 18, 2013 that the selection process of the housing management operator for the instant apartment did not violate the relevant statutes and the instant selection guidelines to submit a copy of the tender notice for the selection of the housing management operator, a multi-family housing management agreement, and a copy of the meeting minutes of the council of occupants’ representatives. 2) On December 5, 2013, the Plaintiff sent a reply to the Defendant that the said housing management operator did not violate the instant selection guidelines.

However, on December 24, 2013, the Defendant selected a housing management operator according to the criteria separately stipulated in the management rules, unlike those stipulated in the instant selection guidelines, in the case of the instant apartment on the Plaintiff on December 24, 2013.

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