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(영문) 서울중앙지방법원 2021.01.14 2019가합559991
낙찰자 지위 확인 등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2019, the Defendant: (a) improved the residential environment by resolving the shortage of parking spaces in Seoul Fdong area; and (b) publicly announced the bid for the instant construction project to “D Park” located in G to promote the regional business district; (c) the construction of D Park Underground Parking Lot (hereinafter “the instant construction”) with the total floor area of 4,545.32 square meters below the ground, 444.22 square meters below the ground, 247 square meters above the number of parking spaces; and (d) the tender was publicly announced as of July 16, 2019 through the deliberation of the former Contract Deliberation Committee (No. 7-1 of the evidence No. 7).

2) However, the Defendant’s opening date and time in the public announcement of July 16, 2019 as “ July 23, 2019 11:00”; and the Defendant’s qualification for participation in the tender “D”.

As of the date of the tender announcement, a business entity that was implemented by a public institution or a local government within the last ten years was determined as “a business entity that has completed a completion inspection of construction of at least 300 square meters of total floor area of a parking lot among automobile-related facilities” but the date of opening the tender on the same day was changed to “A, July 24, 2019, 15:00” (No. 7-2), and the previous door parking lot for participation in the tender was changed to “a parking lot (excluding apartment parking lots) registered in the building management ledger” and the second public announcement was made (No. 7-3).

3) As to the instant construction project, the Defendant, on July 17, 2019, extended the construction method to the joint implementation method by itself, and changed the date and time of opening the opening to “FY 11:00, July 26, 2019,” and made a three-dimensional public announcement of the third change (No. 7-4). Recognizing the construction performance in the private sector, the Defendant recognized the qualification to participate in the tender on the 23th of the same month to “the company holding the construction performance of the project implemented by the State or a local government,” and extended the qualification to “the company holding the construction performance of the project implemented by the private sector, etc.” from the former “the former “the company holding the construction performance of the project implemented by the State or the local government,” and the date and time of opening the tender to “the date and time of opening on July 18, 2019” (No. 1, No. 11:00, Aug. 1, 2019).

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