낙찰자지위확인의 소
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 11, 2019, the Plaintiff is a stock company that runs the construction business of installing building machinery and equipment. Around March 11, 2019, the Plaintiff is a company that participated in the construction business of water supply and demand pipe replacement work of Gangnam-gu Seoul Metropolitan Government B Apartment (hereinafter “instant apartment”) (hereinafter “instant construction work”). The Defendant is the council of occupants’ representatives of the instant apartment.
B. 1) On February 27, 2019, the Defendant: (a) bid (the closing date and opening date of document submission; the opening date: March 11, 2019; the bid and the bid bid method: the limited electronic bid/minimum bid price system; documents to be submitted):
(a) As of the announcement date of tender issued by a disposal authority under the relevant Act and subordinate statutes, “a copy of a written confirmation of administrative disposition (hereinafter “the first tender”) for the last one year (hereinafter “the first tender”)” shall be publicly announced in the same manner as attached Form 1 (hereinafter “the first tender announcement”).
(2) The Plaintiff participated in the first bidding, but the Defendant intended to determine D Co., Ltd. (hereinafter “D”) which participated in the lowest amount as a successful bidder.
However, D did not submit one copy of “administrative disposition confirmation” among the documents to be submitted according to the primary tender notice.
C. On March 15, 2019, the Plaintiff pointed out this fact to the head of Gangnam-gu, the Defendant’s supervisory administrative agency, and requested administrative guidance. On March 22, 2019, the head of Gangnam-gu requested the Defendant to submit a written confirmation of administrative disposition in the first bidding on March 22, 2019, the head of Gangnam-gu shall submit the following documents to the management authority: (a) the housing management operator and the guidelines for the selection of the housing management operator and the business operator (hereinafter “the guidelines”) participating in the bidding under Article 27, Article 27, Paragraph 14
(In the case of non-electronic means, either of the following subparagraphs 1, 4, and 5 shall be submitted): 1. A copy of the tender:
2. Relevant statutes for each type of project;