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(영문) 광주지방법원 2016.05.12 2015가합3053
계약무효확인
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant Public Official Pension Service (hereinafter “Defendant Public Official Pension Service”) publication of the number of real estate held by Defendant Public Official Pension Service

A) The Public Officials Pension Act is a legal entity established for the purpose of contributing to the stabilization of livelihood and the enhancement of welfare of public officials, etc. by paying benefits for the retirement, etc. of public officials entrusted by the Minister of the Safety and Administration under Article 4 of the Public Officials Pension Act, and the Act on Contracts to Which the State is a Party for the Conclusion of Contracts under private law (hereinafter “State Contract Act”).

(2) The Defendant Corporation decided to sell 1147 land, 48,950 square meters and above-ground buildings (hereinafter “each of the instant real estate”) as the regular director of Seo-gu, Seo-gu, Gwangju, which is owned by the Defendant Corporation, and continued to undergo an open competitive bidding on 35 occasions from February 2010 to 35 times, but there was no bidder. After the Defendant Corporation changed the amount and period of the intermediate payment and the remainder payment, the Defendant Corporation made a public competitive bidding again on July 21, 2014, but failed by the bidder. However, even though the second public announcement was made on July 31, 2014 under the same condition, there was no bidder.

3) As to each of the instant real estate on August 8, 2014, Defendant Corporation announced the sale of a number of real estate, and its main contents are as follows (hereinafter “instant sale announcement”).

1. Object of the sale of the relevant real estate: The estimated sale price of each of the instant real estate: 54,857,225,00 won: Conditions incidental to the sale of land and buildings collectively;

1. The condition that the lease contract concluded between the GEPS and the lessee be comprehensively accepted (the settlement of members to use the entrusted facilities entrusted to the GEPS shall be conducted by the GEPS);

3. The objects to be sold shall be limited to those appraised by being included in the appraisal report posted at the time of public announcement, and the quantity of collection fixtures and trees may vary due to disposal, closure, etc.

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