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(영문) 춘천지방법원 강릉지원 2018.02.08 2017구합160
우선협상자대상자선정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

(a) A project to create a private park in relation to “Yang Park” as a member of the Sinsi-dong, Sinsi-dong, Sinsi-dong, Sinsi-dong, the Defendant established and publicly announced a plan to create an urban planning facility (hereinafter “Urban Park Act”) [the Act on Special Cases Concerning the Creation of Urban Parks, Greenbelts, and Greenbelts, which was introduced to reduce the green area ratio due to the cancellation of urban planning facilities due to the sunset system

() Pursuant to Articles 21 and 21-2, a private park promoter (a business operator) created at least 70% of the area of the park as an urban park, and then made profits from the construction of non-park facilities (such as residential facilities, etc.) on the remaining site or underground; hereinafter “Yran Park projects”), the Co., Ltd. EsM on November 2, 2016 (hereinafter “EsM”) and the Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”) submitted a prior letter of intent to the Defendant on December 6, 2016, respectively.

B. On November 22, 2016, the supplementary intervenor submitted a proposal to the Defendant on the Young Park project, and the proposal was made on October 16, 2015 by using the publicly notified area (182,738 square meters) of the Young Park as the park area under Article 2015-48 of the Cho Young-si Public Notice of October 16, 2015.

C. On December 9, 2016, the Plaintiff submitted a written proposal to the Defendant regarding the Yongc Park project. The written proposal was not the publicly notified area but the previous area of CAD (147,118 square meters) as the park area.

On December 20, 2016, the Defendant announced that the receipt of proposals for the selection of priority negotiation subjects was finished, and made a public announcement to limit the participating companies to auxiliary intervenors, EsMs, people and the future, the Plaintiff, and at least four companies (hereinafter “instant closing announcement”). The instant closing announcement also stated the size of the business subject to the announcement in the same manner as the area of the announcement.

E. E.M. The instant case.

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