The successful bidder of the property devolving upon the State shall not conclude the sales contract with the application for public land of the property devolving upon the State, and shall be excluded from the property subject to sharing, and shall be awarded to another person by general public auction and

If the administrative authority fails to conclude a sales contract by deciding as a non-successful bidder on the ground that the successful bidder has been awarded a contract for the public sale of the property devolving upon the application for sharing, the successful bidder shall lose the right to obtain the future sales contract.

Ho sublim et al.

Director-General of Chungcheongnam-do;

Seoul High Court Decision 58Da149 delivered on April 3, 1959

According to the records, the plaintiff was awarded to the non-party Hong-young on May 24, 4287 for a short term and tried to enter into a sales contract, but it was not possible to enter into a sales contract due to co-ownership of the subject matter, etc. thereafter, to exclude the subject matter from co-ownership subject to a short term sale on April 28, 4291, and thus, the plaintiff was successful in the final contract but failed to award the contract, and the plaintiff was ordered to enter into the sales contract for the non-party Hong-young. The plaintiff's right to enter into a sales contract for a short term of 4 years can not be cancelled for the plaintiff's bid under the presumption that the plaintiff's right to enter into a sales contract for the non-party Hong-young was invalid under the presumption that the plaintiff's right to enter into a sales contract for a short term of 8 years, although the plaintiff's right to enter into the contract was not infringed on the plaintiff's right to enter into a sales contract for a short term of 4 years under the presumption that the plaintiff's right to enter into a sale for a short term of 2 years.

Justices Lee Woo-won (Presiding Justice)