임차권 확인의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1.Basic facts - Section 6 (Reversion, etc. of Facility Ownership) - (1) ownership of the facility shall revert to the competent authority upon completion of construction, and the competent authority shall grant the concessionaire the right to manage and operate the facility as a measure to guarantee the concessionaire’s rights and legal status pursuant to the Convention upon completion of construction.
Article 53 (Early Termination of an Convention) (1) - Where any cause attributable to a concessionaire prescribed in Article 48 occurs, the competent authority may cancel this agreement after notifying the concessionaire in writing and may cancel the designation of the concessionaire or cancel the management and operation rights and take other necessary measures, such as cancelling the designation of the concessionaire or cancelling the management
Article 54 (Payment Method at Time of Termination) (1) The competent authority shall pay the concessionaire the payment at the time of termination calculated under Article 55 (Determination of Payment at Time of Termination and Purchase Price) of the present Convention.
Provided, That where a project operator has outstanding principal and interest as of the date of termination among the amounts raised by a loan contract, the competent authority may directly pay such unpaid principal and interest to a legitimate creditor under a loan contract.
In cases where the competent authority fails to pay the deferred payment upon termination within 30 days from the date of calculation of the deferred payment upon termination, it shall make an additional payment with regard to the unpaid deferred payment from the date following the expiration of 30 days from the date of calculation of the deferred payment upon termination to the date of actual payment by the agreed interest rate under the loan contract with the financial institution.
(2) The competent authority may set off the amount payable by the concessionaire under this Convention and the amount payable by the competent authority, in addition to the offset rights which may be held under related Acts and subordinate statutes or otherwise, after notification to the concessionaire.
Article 56 (Effect at Time of Termination of the Convention) (1) When the Convention is terminated under the provisions of Article 53, it shall be at the time of termination.