Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Defendant B Housing Redevelopment and Rearrangement Project Establishment Promotion Committee (hereinafter “Defendant Promotion Committee”) as the parties concerned is an organization approved by the head of Nam-gu Incheon Metropolitan City on February 26, 2008 with the consent of 806 owners of the entire land, etc. in the project district with the consent of 1,499, among the entire owners of the land, etc. in the project district in order to promote the housing redevelopment project in the Nam-gu Incheon Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”). The rest of the Defendants are Defendant Promotion Committee’s chairperson, vice-chairperson, promotion committee member, general secretary, etc. (hereinafter “Defendant’s officers”), and the Plaintiff’s business purpose
B. 1) Defendant Promotion Committee: (a) paid bid deposit by Defendant Promotion Committee; and (b) Defendant Promotion Committee shall obtain approval for the establishment of the Promotion Committee.
(2) On May 27, 2008, the Defendant Promotion Committee issued a tender notice to select a rearrangement project management company and held the site site conference on May 30, 2008. At the time, the Defendant Promotion Committee entered into the administrative service contract with the Defendant Promotion Committee, stating that “In principle, the bid participant shall pay the bid deposit amount of KRW 150 million until the bidding notice, and the bid deposit of the final selected company shall be converted into the loan of the Defendant Promotion Committee.”
3) On June 3, 2008, the Plaintiff paid a bid bond of KRW 150 million to the Plaintiff, and participated in the said bid. The Plaintiff became the only bidder due to the lack of bid eligibility as a competitor due to the lack of bid eligibility as a competitor. 4) Defendant Promotion Committee is the bid bond.