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(영문) 부산지방법원 2019.01.16 2018가단302236

승낙의 의사표시를 구하는 청구의 소

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1. The defendant made an offer to the plaintiff as to the conclusion of the contract for the sale of state property stated in the attached list.

Reasons

1. Facts recognized;

A. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “each land of this case”).

B. On October 23, 2017, the Korea Asset Management Corporation delegated the sale of each of the instant land by the Ministry of Strategy and Finance, which is the managing authority of the land, issued a public notice of bid for the sale of State property with respect to each of the instant land (hereinafter “the public notice of bidding”), and at the time of the public notice, the subject of sale was indicated as KRW 5,040,00 each of the instant land and the minimum bid price

C. On November 7, 2017, the Plaintiff participated in the sale procedure and bid at KRW 5,640,000. The Plaintiff was determined as a successful bidder on November 9, 2017.

Accordingly, the Plaintiff paid KRW 282,00 to the Korea Asset Management Corporation on November 9, 2017, and KRW 282,000 again on November 13, 2017.

On December 21, 2017, the Korea Asset Management Corporation notified the Plaintiff of the cancellation of the successful bid that “I will inform the Plaintiff of the cancellation of the successful bid price due to an error in the minimum bid price in accordance with Article 44 of the State Property Act (price of disposed property) and Article 42 of the Enforcement Decree of the same Act.” On January 18, 2018, the Plaintiff unilaterally returned KRW 564,000 of the bid bond to the Plaintiff.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-9 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to Article 11 of the Act on Contracts to Which the State determines the cause of the claim is a Party (hereinafter “State Contract Act”), if the State intends to enter into a contract as a party, it shall prepare a written contract and, in that case, the public official in charge and the other party to the contract shall sign and seal or sign the written contract so that the contract becomes final and conclusive. The conclusion of a contract to which the State is a party is a party is an essential act that establishes the requirements for establishing the written contract.