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(영문) 인천지방법원 2017.12.21 2017구합52614
우선협상대상자선정처분 취소청구의 소
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. On October 4, 2016, the Defendant publicly announced the selection of a person eligible for preferential negotiation (Article 21 and 21-2 of the Act on the Special Cases concerning the Development of an Urban Park and Green Areas, Etc. (hereinafter “instant project”) with respect to the area of 230,000 square meters in Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon (No. 2016-1336 of the Incheon Metropolitan City Public Notice).

B. On December 28, 2016, the Plaintiff submitted the instant proposal on the instant project (hereinafter “instant proposal”) with Dodam S&C, Hyundai Securities Co., Ltd, and KB Trust Co., Ltd. (hereinafter “Co., Ltd.”) at the investment ratio: Plaintiff 55%, Dodam C&C, 35%, 5% of modern securities, and 5% of case trust. The Intervenor joining the Defendant (hereinafter “the Intervenor”) also constituted a single consortium and submitted a proposal around that time.

On the other hand, with respect to the instant project, other companies than the consortiums and intervenors did not submit the proposal.

C. On the other hand, the selection of the priority bidder for the instant project shall be conducted through the proposal review committee and the consultation and feasibility review of the Urban Park Committee. On January 11, 2017, the Defendant held a proposal review committee for the special case of urban park development activities on each proposal submitted by the Plaintiff consortium and the Intervenor, thereby selecting the Plaintiff consortium in the order of priority, and on January 12, 2017, notified the result.

On January 13, 2017; January 19, 2017; January 25, 2017; and January 25, 2017, a similar indication that the Plaintiff submitted the proposal to the Defendant is used to recognize the name of the business entity; a false proposal is made for non-park facilities including the cost of the park creation; and a Dobn&C in the initial proposal is finally made by only the Plaintiff’s consortium.

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