계약해지무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 11, 2013, the key issue of the instant case concluded a lease agreement with the Defendant and Seoul Qatro 151-06 store.
On July 18, 2014, the Defendant terminated the lease contract on the ground that the Plaintiff had committed collusion in the bidding procedure for concluding the lease contract.
The issue of this case is whether the termination of the contract is valid or not.
2. Determination
A. The Plaintiff, as to whether the act of collusion, participated in the procedures for the lease of a store publicly announced by the Defendant, and proposed a bid participation to D who discussed the same business in order to prevent the failure due to a single bid.
D accepted its proposal and decided to participate in the bid at a price lower than that of the Plaintiff.
After all, only the plaintiff and D participated in the bid procedure, and the plaintiff, the highest amount, was awarded a successful bid for the shop.
(C) Facts having no dispute, Gap 2,3, and the purport of the whole pleadings). The plaintiff's participation in a formal bidding as if there were competitors in order to prevent the failure due to a single bidding is an act detrimental to the fairness of bidding, and constitutes an act detrimental to the fairness of bidding.
Whether the Defendant actually suffered damage, and whether the Plaintiff and D were in a partnership relationship at the time is not a matter of the establishment of the collusion act.
B. According to Article 26(a)6 of the Lease Contract Act as to whether the cause for termination of the contract falls under Article 26(1)6, a lessor may terminate the lease contract if the lessee has leased the lease by fraud or other improper means.
In addition, since a person selected as a successful bidder in a tendering procedure obtains the eligibility to enter into a lease contract, it is reasonable to deem that if the person was selected as a successful bidder in a tendering procedure by improper means, the case constitutes “where the lease was
Therefore, the plaintiff's act of collusion in the bidding procedure for the C Station is a reason for termination of the contract stipulated in Article 26 (a) (6) of the Lease Contract.