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(영문) 대전고등법원 2015.11.26 2015나10385

사업협약체결 등 무효확인

Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Payment of the total cost of the lawsuit shall be made by participation.

Reasons

1. Basic facts

A. The Daejeon Metropolitan City is a development project for the intermodal transfer center of this case (hereinafter referred to as the “intermodal transfer center of this case”) in order to create high speed, intercity bus terminals, urban bus transfer centers, commercial sales facilities, etc. on the site of the Daejeon Seo-gu Seoul Metropolitan City 119-5 square meters, 102,080 square meters in a lot where the facilities are underdeveloped, and the inconvenience for the users was increased due to narrow size of floating terminals located in the Seongbuk-gu, Daejeon Metropolitan City.

(2) around July 2009, the Daejeon Metropolitan City designated the Defendant as the project implementer for the intermodal transfer center development project of this case.

B. The Defendant’s invitation, etc. 1) part of the complex passenger terminal development project among the intermodal transfer center development projects of this case on two occasions on March 19, 2010 and November 30, 2010 (hereinafter “instant passenger terminal development project”).

(2) A private business entity was recruited to implement a private business entity, but the above public offering was all omitted due to the failure to submit an application for the business and the waiver of the business. 2) After which the Defendant reconvened the private business entity to implement the instant passenger terminal development project (hereinafter “instant public offering”), under Article 2013-90 of the Public Notice on July 22, 2013, by partially amending the existing conditions of the public offering (hereinafter “the instant public offering”), and the Intervenor joining the Defendant (hereinafter “the Intervenor”), Hyundai Securities Co., Ltd., Hyundai Securities Co., Ltd., and the Plaintiff’s consortium (hereinafter “Plaintiff’s consortium”) consisting of the Plaintiffs, and the consortium consisting of the Plaintiffs. < Amended by Presidential Decree No. 24880, Oct. 21, 2013>

3) Meanwhile, the public offering guidelines for the instant public offering (hereinafter “the instant public offering guidelines”) are called the instant public offering guidelines.

Part II project implementation conditions related to this case, 2-1. Payment of project application deposit.