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(영문) 인천지방법원 2017.06.15 2016구합54651

낙찰자선정결정 무효 확인의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On September 13, 2013, the head of the Dong-gu Incheon Metropolitan City Park Business Office published an electronic bid for permission to use and profit from public property (No. 2013-39 of the Dong-gu Incheon Metropolitan City Notice of the Dong-gu Park Business Office), and the Plaintiff participated in the said bid and was selected as a successful bidder.

The period of use and profit-making for the Plaintiff was from October 7, 2013 to October 6, 2015. However, the head of Dong Park Business Office of Incheon Metropolitan City extended the said period by October 6, 2016 according to the general conditions of permission for use and profit-making on September 17, 2015.

B. As the Enforcement Rule of the Incheon Metropolitan City Ordinance on the Establishment of Administrative Organizations was amended by Incheon Metropolitan City Rule 2988 on June 27, 2016, the name of the Dong Park Business Director of Dong-gu Incheon Metropolitan City was changed from July 1, 2016 to the Incheon Metropolitan City Seo Park Business Director.

C. On September 23, 2016, the Director of the Incheon Metropolitan City Incheon Metropolitan City Incheon Metropolitan City Park Project: (a) the maturity of the permission period for use and profit-making for the Plaintiff arrives.

In relation to the camping site (hereinafter “instant camping site”), the Incheon Dae Parkner, which is recognized as identical to the camping site and ancillary facilities as stated in the port, newly announced a bid for permission to use and benefit from public property (No. 2016-6, hereinafter “instant bid”), and designated the opening date and time as September 30, 2016.

On the other hand, the instant bid was selected as a successful bidder around September 30, 2016 (hereinafter “instant disposition”) by participating only one person (individual) of the successful bidder (hereinafter “instant successful bidder”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 4, the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Permission for use or profit-making of administrative property by the management agency of public property, etc. is a private law that is conducted as a private economic entity.