시설사업기본계획 변경고시 처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of the first instance’s explanation concerning this case is as follows, and this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the first instance judgment except for the following parts.
(1) In the first instance court’s judgment, the court below’s judgment on the amendment of Article 10(2) of the Public-Private Partnerships Act cannot be deemed to have been erroneous in failing to undergo deliberation by the deliberative committee under Article 10(2) of the Public-Private Partnerships Act, even if all the evidence submitted in the first instance court is examined. [Attachment] of the first instance judgment, “The plaintiff appealed to the Supreme Court, but the Supreme Court dismissed the appeal on November 15, 2018,” the court of first instance’s judgment “In the first instance court’s judgment, the first instance court lost the first instance court of the appeal, and the appellate court lost the appeal,” and the first instance court’s judgment on the amendment of Article 4 subparag. 9 of the first instance judgment, “The first instance court’s judgment on the amendment of Article 10(2) of the Act on Public-Private Partnerships in the first instance court’s judgment on the ground that the lawsuit against the plaintiff was a final and conclusive judgment against the appellate court as follows.”
“However, even if the judgment against the Plaintiff becomes final and conclusive in an appeal suit seeking the cancellation of the instant disposition, the Plaintiff may participate in the selection procedure of the business operator of the instant case, so there is a legal interest to seek the cancellation of the instant modified public notice. Therefore, the Defendant’s main defense is without merit.”
2. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.