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(영문) 전주지방법원 2015.11.06 2015가단2661
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall provide the plaintiff with each real estate stated in attached Form.

Reasons

1. Facts of recognition;

A. On January 7, 2015, the Defendant: (a) announced “Electronic Tender for Sale of Real Estate for Profit-Making Use” (hereinafter “instant Tender”) to the effect that each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) will be sold at least KRW 144,537,00 in total in the estimated price; and (b) announced the “Electronic Tender for Sale of Property for Profit-Making Use” (hereinafter “instant Tender”).

The main contents of the tender notice of this case are as follows.

(1) The method of tender shall be conducted by means of general competitive bidding and by means of electronic bidding using the electronic asset disposal system of the Korea Asset Management Corporation.

(2) Qualifications for participation: The Korea Asset Management Corporation shall not fall under the category of resignation under Article 4 of the Rules on the Compliance of Participation in Tender.

(i) A bid bond shall be deposited in the account given to the bidder on the bidding screen of “Ondod” until the time the electronic bid is closed;

When a successful bidder under Article 38 of the Enforcement Decree of the Act on Contracts to Which the State is a Party fails to conclude the contract within the prescribed period, the bid bond shall be reverted to the private teaching institute.

(4) Method of determining a successful tenderer: A successful tenderer in force of not less than one person who has tendered the highest price among persons who have tendered not less than the projected price.

(5) Documents to be submitted by a successful bidder: Invalidity of a tender: A tender shall be null and void in violation of Article 44 of the Enforcement Rule of the Act on Contracts to which the State is a Party, the terms and conditions of members on the system, and the rules to comply with the Internet bidding participants.

A bid below the estimated sale price;

(7) Conclusion of a contract and payment of the price when the deposit is not paid to the designated account until the date of payment of the electronic bid bond.

(a) If the successful bidder fails to enter into the sales contract within 10 days from the date of the successful tender, the successful tender shall become void and the bid bond shall revert to the National Treasury;

(b) The successful bidder shall not be less than 10/100 of the successful tender price, simultaneously with the contract.

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