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(영문) 서울중앙지방법원 2020.06.17 2019가합529822
우선협상대상자 지위확인 청구의 소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in real estate development, lease, etc., and the Defendants are those who are commissioned to sell the F hotel from H and 14 (hereinafter “Co-owners of the instant case”) the co-owners of the F hotel on the land in Gwangjin-gu Seoul Special Metropolitan City and E (hereinafter collectively referred to as “each of the instant real estate”).

B. Around January 2019, the Defendants publicly announced the tender on F Hotel (hereinafter “instant tender”).

The part related to this case in the public announcement of this case is as follows.

1. Name of real estate (1) : The seat of F Hotel (2): Gwangjin-gu Seoul Special Metropolitan City D and E;

3. The minimum bid amount (1). The minimum tender amount shall be valid only when the bid amount is at least the minimum tender amount, as set forth in subparagraph (2) of the Article VIAT separate (2).

4. Terms and conditions of a sales contract (1) : 10% of the proposed amount (sale price): The balance payment (2) on the date of concluding a sales contract: 90% of the proposed amount (sale price) / Payment on the date of closing a sales contract.

6. Details (2) Documents to be submitted by a person who wishes to participate in a tendering procedure (hereinafter referred to as “tender participant”), the deadline for submission, and the branch offices are as follows:

(1) Documents to be submitted: One copy of a purchase tender document, a written pledge, (Omission), all evidential documents related to financing, (hereinafter omitted), (3) the selection of persons subject to preferential bargaining, a seller entering into MOU and a master secretary for sales from among tender participants who are not disqualified and submit documents required by him/her, shall comprehensively take into account the quantitative and emotional performance evaluation items, etc. from among tender participants who have no valid reason for disqualification, but the persons subject to preferential bargaining shall be determined under the self-determination of the seller and the

The tendering participant shall not raise any objection against it, and the principal secretary for sale shall be notified individually to the persons subject to preferential negotiations selected.

(hereinafter omitted)

8.The preparation of the guidelines for preparation of a purchase tender document and the documents for participation in the tender shall be recorded in each accompanying document as follows:

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