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(영문) 서울행정법원 2015.12.22 2014구합57256
입찰참가자격제한처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against all the plaintiffs.

Reasons

In addition to the purport of Gap evidence Nos. 1 and 2, and Eul evidence Nos. 5, the defendant, on April 24, 2014, issued a restriction on participation in bidding (2 years from May 12, 2014 to May 1, 2016; hereinafter referred to as "instant disposition") on the ground that he/she conspired with the plaintiffs in relation to B construction bidding (this is still effective by the suspension of execution as of April 30, 2014) (2) The Government, on August 13, 2015, issued a restriction on participation in bidding (including bid reduction), including the restriction on participation in the construction business and construction engineers under the restriction on participation in bidding (hereinafter referred to as "special reduction or exemption"), as of August 14, 2015, the Minister of Land, Infrastructure and Transport announced the restriction on participation in bidding within the scope of 30 weeks prior to the cancellation of the special reduction or exemption of construction business, as stated in the separate notice No. 3, 2015.

According to the above facts, since the disposition of this case was cancelled by the special reduction and exemption measure of this case and its effect became extinct, the lawsuit of this case is unlawful because there is no interest in the lawsuit seeking cancellation of the disposition of this case as the plaintiffs.

Therefore, all of the plaintiffs' lawsuits of this case are dismissed.

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