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(영문) 서울고등법원 2017.11.22 2017누46389

입찰취소처분취소

Text

1. The action against the plaintiff as added by this court shall be dismissed.

2. The plaintiff's appeal is dismissed.

Reasons

1. The grounds for this part of the disposition by the court are as follows, and the corresponding part of the judgment of the court of first instance (from No. 10 to No. 48 of the judgment of the court of first instance) is identical to that of the judgment of the court of first instance, and thus, this part is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

In the fourth sentence of the first instance judgment, the first sentence from December 4, 2015 to 6 of the fifth sentence is as follows.

On December 4, 2015, the Defendant revoked the Plaintiff’s successful bid based on Articles 10 and 14 of the Notice.

(hereinafter “instant disposition”). 2. Whether the instant lawsuit is lawful

A. We examine ex officio the main claim part action.

On December 4, 2015, the Mayor of Incheon Metropolitan City, who was the primary defendant in the first instance court, requested the cancellation of the disposition of cancellation of permission to use the public property of the stadium for consideration to the plaintiff on December 4, 2015, the Incheon Metropolitan City Sports Association as the primary defendant, and the plaintiff was in the status of successful bidder in the bid for permission to use the public property of the stadium for consideration to the Incheon Metropolitan City Sports Association on October 16, 2015. The first instance court rendered a judgment dismissing all of the plaintiff's lawsuit against the above preliminary defendant on the ground that the lawsuit against the above preliminary defendant is unlawful on the ground that there is no interest of confirmation as to the lawsuit against the defendant, and the appeal against the appeal was withdrawn on July 4, 2017, and on the same day, the plaintiff submitted an application for correction of the party indication to the "Correction from the defendant in the Incheon Metropolitan City Sports Association", and the purport of the claim for correction to the purport that "the plaintiff corrected the status of the successful bidder in the bid of this case."

On July 6, 2017, the Indian City Mayor submitted a written consent to withdraw the lawsuit.