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(영문) 서울고등법원 2015.11.04 2015누36517

우선협상대상자선정처분무효확인등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of this court's judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the following addition. Thus, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of

A Co., Ltd. (hereinafter referred to as “A”) shall submit an application to participate in the business as meeting the equity capital requirement (10% of the total project cost) by setting the total project cost of the instant project at a low level. This is unlawful on the ground that A falsely fails to meet the project operator qualification even though the instant disposition was conducted on different premise.

Judgment

According to the aforementioned evidence and the purport of the evidence and evidence evidence No. 14 and the evidence No. 14, the instant project area is 3,00 square meters in the site area, 26,000 square meters in building area, 28,107 square meters in total floor area, 10,77.1 billion won in construction cost, and 6,30,000 square meters in total, and A calculated project cost based on 1.5 times in the officially announced land price when calculating compensation for land. The project cost per square meters in the surrounding area of this case is 207,000 won in the “AF”, “AG” is 2,126,000 won in the instant project, “AH” is 2,126,000 won in the “AI”, “AJ” is 1,521,000 won in construction cost, “AJ” is 1,500 won in the “AJ”, and “AG” is 1,5000 won in the above project area.

According to the above facts, A asserts that construction cost of KRW 6.3 million for the ordinary party planned by A exceeds KRW 3.6 million for the ordinary party construction cost claimed by the Plaintiff, and that the Plaintiff set A’s construction cost of this case at a lower level than the actual cost compared to the project cost of the Daeung Construction World.

A’s calculation of 1.5 times the officially announced land price as compensation for land cannot be concluded to be less than that of ordinary land compensation when establishing a business plan of Incheon Metropolitan City or other City/Do, and it is not reasonable for A’s square meters.