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(영문) 대구지방법원 2018.01.16 2017구합22222
협상대상자(민간공원추진예정자)선정처분취소
Text

1. The instant lawsuit shall be 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. On September 30, 2016, the Defendant publicly announced the receipt of proposals for the creation of four private parks, other than the educational parks, at the time of port, pursuant to Article 2016-1243 of the public announcement at port.

The main contents of the “Guidelines for Special Cases Concerning the Creation of Private Parks, other than the School Park in Si/Gu, and four private parks attached thereto (hereinafter “instant Guidelines”) are as shown in attached Table 1.

B. On December 9, 2016, the Plaintiff submitted a proposal on the Gyeyang Park creation project (hereinafter “instant project”), among the four private parks development projects, the Gansan Park and four private parks development projects, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) submitted a proposal on the instant project, which consists of Samgu Construction Co., Ltd., Changsung Construction Co., Ltd., Changsung Construction Co., Ltd., Ltd., Singu Construction Co., Ltd., Singu Construction Co., Ltd., Ltd., and Geum-si Industry Co., Ltd. (hereinafter “ Intervenor’s consortium”).

C. On October 7, 2016, the Defendant issued a notice of correction of the receipt of proposals containing the correction of clerical errors in certain items, among the evaluation table (examination) included in the instant guidelines (hereinafter “assessment criteria”) at the time of port announcement No. 2016-1269 (hereinafter “instant evaluation criteria”).

On October 24, 2016, the Defendant issued a corrective public notice of the receipt of the proposal (the second public notice of correction) (hereinafter “the second public notice of correction”) under No. 2016-1329 at the time of port.

The public notice is accompanied by detailed evaluation items of the evaluation criteria of this case for the transparent and fair evaluation of the proposal, and the detailed evaluation items of the "building plan", which is the subject of measurement evaluation, are as follows:

E. On April 18, 2017, the Defendant selected the Intervenor’s consortium as one of the potential parties to the instant project (private park promoters), the Plaintiff’s second order, and the former Il Industrial Development Co., Ltd (hereinafter “former Industrial Development”) in the third order, respectively.

(F) On April 25, 2017, the Plaintiff visited the urban green belt of the viewing city around the port.

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