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(영문) 수원지방법원안양지원 2015.12.18 2013가합102317
조합원총회결의 무효확인 청구의 소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. In order to promote housing reconstruction projects (hereinafter “instant projects”) prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”) in Overcheon-si C and D, the Defendant is a housing reconstruction and maintenance project partnership that obtained authorization on September 26, 2012, and the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) are the Defendant’s members.

B. On April 22, 2013, the Defendant held a meeting of the plenary session and held a "case of the decision on the selection of the contractor" as an agenda item 2 as to the Racing project team (which is comprised of Scing Construction Co., Ltd. and Scingular Construction Co., Ltd.) and the smart project team (which is composed of the Free Industrial Development Co., Ltd. and Korea Construction Co., Ltd.) which participated in the bidding of the instant contractor, and decided to "re-determine the selection without the selection of the contractor" as the 18th, opposing 80, and the 3rd invalid voting. On May 15, 2013, the Defendant again held a meeting of the plenary session and proposed a "case of the decision on the selection of the contractor" as the 2nd agenda item, but rejected it as the 35th, opposing 37 and 6th invalid voting.

C. However, this court issued a provisional disposition suspending its effect on May 24, 2013 in the case of provisional disposition suspending the effect of a resolution of the board of representatives on the agenda item 2 of the above 5th emergency emergency meeting (this Court 2013Kahap45 case). The defendant set a policy to submit the agenda items to the general meeting for the selection of the contractor for the Raying project team and the smart project team participating in the bidding in accordance with the purport of the above provisional disposition decision and set the "cases of approving the procedure for proposing the amendment to the construction project" on June 25, 2013 as the agenda item 1, the "cases of approving the procedure for proposing the amendment to the construction project" on June 28, 2013 (hereinafter referred to as the "council of delegates of this case"). The court shall convene a meeting of representatives on the above date, and shall hold a meeting of representatives on the 107 incumbent representatives, with respect to the above agenda items, and shall approve 58 persons among the incumbent representatives.

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