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(영문) 광주지방법원 2019.08.22 2018구합12008
협상대상자 선정처분 무효확인
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. The Plaintiff and the Intervenor joining the Defendant (hereinafter “ Intervenor”) are stock companies established for the purpose of civil engineering, construction work, etc.

B. On April 26, 2017, pursuant to Articles 21 and 21-2 of the Act on the Urban Parks, Greenbelts, Etc. (hereinafter “Urban Parks and Greenbelts Act”), the Defendant publicly announced four parks including D Park located in Ewon (hereinafter “instant parks”), to receive proposals for special park projects (the foregoing public announcement was published on May 24, 2017 and August 14, 2017, respectively), and each of the main contents of the request for proposals for special park projects attached thereto are as follows:

B Receipt and public announcement of proposals for special park projects within a long-term unexecution urban park;

1. The current state of parks subject to the project for special cases on private parks, where the relevant park is located and the area subject to the project for such park is located;

2. Dpark E members 296,211 296,211

3. Qualifications for participation - Method of selecting negotiation partners who have submitted a letter of intent to submit a proposal for special projects - Where the proposal for project is received at least two cases in the same private park area, it shall be calculated in accordance with the provisions of Article 17 (Simultaneous Braille) where persons who have at least 73 points in the comprehensive score as a result of the evaluation and have at least the same priority in selecting negotiation partners in order of high-

Article 3 (Scope of Application) (1) Article 21-2 (Special Cases concerning Development Activities, etc. in Sites for Urban Parks) of the Park Park Act and Article 21-2 (Special Cases concerning Development Activities, etc. in Sites for Urban Parks) of the Act on the Special Cases for Urban Parks shall apply to the selection of "a potential concessionaire for a private park project publicly announced at B City" in accordance with the guidelines

Article 10 (Creation Plan) (3) Plans for non-park facilities

1. A non-park facility shall be prepared on the basis of the floor area ratio and average number of floors by the proposer's own feasibility review, and shall take into consideration the topography and scars of the target area and the landscape with surrounding areas;

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