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(영문) 부산고등법원(창원) 2015.07.23 2015나20653

준설토 매각 낙찰결정취소

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

6. If a successful bidder fails to conclude a contract within 30 days from the date he/she is notified of the determination of the successful tender, along with evidential documents (such as written consent from residents) to secure the successful tender, the bid bond shall revert to the window of the creative city and shall be publicly notified;

7. He/she shall determine the successful tender lane for a person who has tendered with the highest price among persons who have tendered at least the lowest bidding price as a unit price tendering (the estimated sale quantity) and effective tendering with a minimum bidding price;

8. A successful tenderer whose bid or winning prizes are void shall be prepared and submitted within 30 days from the date of receipt of the notice of the decision on the successful bid and at the time of entering into a contract with the document evidencing his/her intention to secure the winning by release (such as written consent from residents), and if the document required is not submitted, the winning will become void and the bid bond will vest in the window of the

If there is any false or other unlawful fact in the submitted documents, the winning shall be invalidated, and the bid bond shall vest in the window of the original city. A.

On October 4, 2013, the head of Changwon-si, the Defendant-si, the head of the Changwon-si, the head of the Changwon-si, the Defendant: (a) made a public announcement of the competitive bidding (hereinafter referred to as the “instant public announcement”); (b) on October 4, 2013, in order to sell dredging soil 909,074 cubic meters (hereinafter referred to as “the dredging soil of this case”); (c) the minimum bidding price is KRW 6,942/metres; (d) the period of release from the date of the first release after the approval of the shipment plan; and (e) the opening date of the bidding (hereinafter referred to as the “instant bidding”); and (d) the public announcement related to the instant public announcement is as follows.

B. The Plaintiff and Sambu Co., Ltd. (hereinafter “Triju”) participated in the instant bidding, and upon opening on October 15, 2013, the Plaintiff and Sambu Co., Ltd. selected as a successful bidder (hereinafter “instant successful bidder”) the highest bidder who tendered 11,610 won/metres from the 11,610 won/metres as a successful bidder. The Plaintiff, who participated in the bid in KRW 7,19/metres, was not selected as a successful bidder.

C. The head of Changwon-si, the head of Changwon-si, on October 16, 2013.