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(영문) 서울행정법원 2018.09.21 2016구합74149

실시계획 승인 신청거부처분 무효확인의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant’s extension business on January 5, 201 (hereinafter “instant business”)

A project undertaker is the Armed Forces Compulsory Headquarters, and the method of its implementation was approved by means of donation under the State Property Act. On October 4, 201, the Armed Forces Compulsory Headquarters has recruited a proposal for the project to select a project proprietor of the instant project. Article 2 (Method of Implementing the project) ① The basic purpose of this project is to contribute as prescribed by the State Property Act. The competent authority under Article 6 (Designation of the Project Executor) shall designate the Plaintiff as the project implementor by entering into this agreement. Article 7 (1) shall grant the project implementor the eligibility, authority, and right to perform the following acts:

1. Design and construction of the project facilities under this Convention;

2.State or public property within the project site shall be used free of charge from the date this Convention is concluded to the completion of the building;

Article 8 (Obligations of Project Operators) (1) A Project Operators shall be responsible for complying with all relevant Acts and subordinate statutes, etc. relating to the Project and for faithfully fulfilling the obligations prescribed in this Convention, and shall endeavor to ensure the successful construction, maintenance, management and operation of the Project Facilities.

Article 10 (Period for Establishment of Management and Operation Right) ① Unless otherwise specified in this Convention, the period for the establishment of the management and operation right of the business facilities shall not exceed 20 years, and the period for the establishment of the accurate management and operation right shall be determined through appraisal and assessment after donation, and consultation on the establishment of the management and operation right shall be held later with the department in charge

2) The Plaintiff was selected as a priority negotiation subject on November 29, 201. On March 19, 2012, the Plaintiff entered into a concession agreement with the National Armed Forces Compulsory Headquarters (B). Some of the contents are as follows. 3) The National Armed Forces Compulsory Headquarters is in promoting the instant project on June 27, 2012, to the Plaintiff.

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