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(영문) 광주지방법원 2017.11.30 2017가합54949
입찰절차무효및낙찰자지위확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 7, 2017, the Defendant issued a public announcement of tender (hereinafter “public announcement of tender of this case”) with the following contents in order to select lessee as to the first, second, third, and other accessory buildings within the first floor of Gwangju Saemaul Depository C branch (hereinafter “instant commercial building”) located in Seo-gu, Gwangju (hereinafter “instant commercial building”).

1. Location: One-story commercial building in the Seo-gu Gwangju Metropolitan City, Seo-gu Saemaul Savings Depository C;

2. Lease partitions: Three partitions of commercial stores (one, two, three, and other accessory buildings).

3. Lease area: Amounting to approximately 4.2 square meters for each unit; and

4. Lease amount: 500/10 of the minimum rent for each shop which is offered at least the minimum rent prescribed in this Treasury: 700/700 of the monthly rent (including VAT): 500/700 of the deposit for lease, and 700,000 won of the monthly rent (including VT): 500/60 of the deposit for lease, 500/600 of the monthly rent (including VAT) other annexed buildings: 500/30 of the deposit for lease, 500/ monthly rent (including VAT).

5. Method of selecting lessees: The existence of a preferential right to lease at least two units, determined in consideration of the surrounding conditions and the circumstances of the credit cooperative;

6. Period of public notice: The period of public notice: 50,000 won by category of business desired to tender offer price of 1 F. 5 million won by May 17, 2017 to May 24, 2017 (8 days); 700,000 won by month rent of 5,00,000 won by month; 7.5 million won by month rent of 7.7 million won; 2,000 won by month rent of 5,000 won by month of 2.81,00 won by month; 3.6.2, 3,00,000 won by year of 5,00 won by year of 2,80,000 won by month of 5,000 won by warehouse deposit of 3,30,000 won by year of 5,000 won by month; 3,000 won by year of 3,500,000 won by month and 5,000 won by year.

B. Six persons, including the Plaintiff, who are members of the Defendant’s C Branch, were bided as follows according to the instant public announcement of tender.

C. On May 25, 2017, the Defendant: (a) decided the successful bidder who selected F, 2, and 3 as a lessee, and (b) the warehouse D, and E as a lessee (hereinafter “determination of the successful bidder”).

[Reasons for Recognition] There is no dispute;

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