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(영문) 수원지방법원 2020.01.16 2019구합68924

입찰참가자격제한처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On June 5, 2018, the Defendant entered into a design service contract (hereinafter “instant service contract”) for the extension of the C Center (D Center; hereinafter “instant building”) located in Suwon-si Line B (hereinafter “instant land”). Accordingly, the Plaintiff submitted an interim design report, final report, etc. under the instant service contract to the Defendant by December 2018.

On January 2, 2019, the head of Suwon-si Office found that the land in this case belongs to the E Park and Article 24(3) of the Urban Park and Green Areas Act (hereinafter referred to as the “Urban Park Act”) and Article 23(2) [Attachment Table 1] [Attachment Table 1] of the former Enforcement Decree of the Act on the Urban Park and Green Areas, Etc. (amended by Presidential Decree No. 30285, Dec. 31, 2019; hereinafter referred to as the “Enforcement Decree of the Green Park and Green Areas Act”).

On July 4, 2019, the Defendant issued a disposition to the Plaintiff on July 4, 2019 pursuant to Article 31 of the former Act on Contracts to Which the Plaintiff Is a Party (hereinafter “Local Contract Act”), Article 92(1)6 of the Enforcement Decree of the Act on Contracts to Which the Local Government Is a Party (amended by Presidential Decree No. 29896, Jun. 25, 2019; hereinafter “Enforcement Decree of the Local Contract Act”), Article 76(1) of the Enforcement Rule of the Act on Contracts to Which the Local Government Is a Party (amended by Ordinance of the Ministry of Public Administration and Security No. 125, Jun. 25, 2019; hereinafter “Enforcement Rule of the Local Contract Act”) restricting the Plaintiff’s qualification to participate in bidding (the re-period: from July 5, 2019 to August 4, 2019; hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers, hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings.