계약금반환
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. Conclusion of a concession agreement for C Library Development Project 1) C Library located on the ground of 4,112m2.1m2, Busan Jin-gu, Busan (hereinafter “C Library”)
) The site is the second floor and the second floor above the ground constructed in 1963, and the defendant, in the case of the building, and in the case of Busan Metropolitan City (hereinafter referred to as the “City”).
(2) The Office of Education of Busan, Busan, and Busan, began to discuss the C Library Development Project with the contents of removing old C Library buildings from around 2008 and constructing new libraries for complex functions.
The project was suspended under the name of the decline of real estate economy and business feasibility, and resumed by a resolution on October 27, 201 at the Busan Jin-gu Council on the amendment of the public property management plan related to the reconstruction of the Library.
3) On January 13, 2012, the Defendant issued a recruitment notice to a private project implementer for the C Library Development Project, and on April 17, 2012, the written DNA Co., Ltd. (hereinafter “WWC”) (hereinafter “WWC”).
A) A potential concessionaire was selected on November 30, 2012. Between written D&C and C Library on November 30, 2012, the following was newly constructed: (a) a parking lot; (b) a parking lot; (c) a 3rd to 3rd to 3rd to 8th underground floors underground; and a 3rd to 3rd to 8th underground floors from 1st to 3rd underground floors, a revenue facility; (d) a Gu cultural facility; and (c) a Gu residents’ cultural facility; and (d) a 6th to 6th above ground level, and a 8th to 6th to 1st as a library (attached Table 1 of the instant concession agreement); and (c) a library, which is a business facility for the development of a library constructed, managed, and operated pursuant to the instant concession agreement (Article 3 subparag. 24 of the instant concession agreement; hereinafter “project facility”).
The management and operation right of this case for a period of 20 years from the first commencement date of operation shall be used, beneficially used, maintained and managed by the user of the business facilities of this case.