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(영문) 수원지방법원안양지원 2017.09.15 2017가합101367
낙찰자지위확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2016, the Defendant publicly announced the following bid (hereinafter “instant bid”) in order to select a licensee for the D’s establishment in Ansan-si, Ansan-si, Seoul (hereinafter “instant bid”) for the purpose of selecting a licensee for the D’s establishment in Ansan-si:

1. The name of the facility referred to a tender: The location of the facility in Ansan-si: The type of business eligible for access to C during Gyeyang-si: Sales of agricultural chemicals, seeds, and agricultural materials to the first floor 102: Sales of agricultural chemicals, seeds, and agricultural materials to the first floor: Sale of 104 and 106: The first floor of the management Dong - The wholesale and retail business- the first floor 105 of the management Dong - the wholesale and retail business- the second floor 202 of the management Dong - the waste collection and transportation business;

3. An individual, individual, or corporation whose place of business is located at the time when a certified copy of resident registration is inside or inside as of the date of the public announcement of qualification for participation in bidding, who does not fall under any ground referred to in Article 4 of the Rules on Compliance with the Information Processing System of Bids

8. He/she shall determine as a successful tenderer (user and beneficiary) a person who has tendered the highest price among persons who have tendered at least one person in force in the method of determining a successful tenderer;

B. The Plaintiff and the Defendant’s assistant intervenor participated in the bidding to select the right to use each of the above facilities (hereinafter “instant facilities”) No. 102 of the 1st floor of the management building (hereinafter “instant facilities”).

C. On October 18, 2016, the Defendant selected and announced the Defendant’s supplementary intervenor who participated in the bid at the highest price for the instant facilities as a successful tenderer as a result of opening the bid for the instant facilities.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 2, the purport of the whole pleadings

2. According to the Plaintiff’s bid notice, since the type of business that can sell agricultural chemicals, seeds, and agricultural materials in the instant facilities is “sale business of agricultural chemicals, seeds, and agricultural materials,” a person eligible to receive a successful bid in bidding for the instant facilities must be a person who has a qualification to sell agricultural chemicals in accordance with the Agrochemicals Control Act and the Decree.

The plaintiff as above.

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