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(영문) 수원지방법원 2019.12.19 2019가단530212
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

A. The public offering of private business entities to be in charge of design and construction (hereinafter “instant public offering”) was publicly announced.

B. On October 2017, the Defendant distributed the revised guidelines for public offering of the instant public offering (hereinafter “instant guidelines”), and some of the main contents thereof are as follows.

Article 2 (Definition of Terms) (2) The term "C" means a real estate investment company established pursuant to the Real Estate Investment Company Act to carry on the business.

Article 3 (Business Method) (1) This project is a method of purchasing six project candidate land selected by C through a local government public offering, and settling housing after the implementation of the project, such as construction, sale, lease, etc.

2. The provisions of this project shall apply to the methods by which a designer and a constructor form a single consortium to secure the performance of a complex and housing required by this public invitation for the construction and supply of housing after construction of a complex.

* Article 4(Roles of Participants)(2) The role of the participants in the project is as follows, although the contract between C and C is not subject to the "Act on Contracts to Which the State is a Party" under the Commercial Act, the contract between C and C to which the defendant invests less than 20%.

(e) Defendant: Article 12 (Bearing of Expenses and Utilization of Written Proposal) (1) An applicant for a project shall bear all the expenses incurred in preparing and submitting documents for application for a project.

Article 20 (Selection of Persons Eligible for Preferential Negotiations, Compensation, etc.) (1) Among applicants for projects whose aggregate points are not less than 70 points as a result of the evaluation of project proposals under Chapter III, the highest score shall be selected as the first potential concessionaire, and the junior potential concessionaire shall be selected by priority according to the order of scores

(6) Where a project is revoked pursuant to Article 23 (4), C shall be 30 million won or value-added taxes for the applicant for the project selected as the priority negotiation subject to compensation.

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