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(영문) 대구지방법원 2015.08.27 2012가합43687
건물명도
Text

1. Defendant B and C are the Plaintiff:

A. Attached Form 1 among the underground floors of the real estate listed in the Attached List.

Reasons

1. Facts of recognition;

A. On July 12, 2005, Daegu Metropolitan City established and publicly announced the E Private Investment Project Master Plan for E Private Investment Facilities (hereinafter “instant project”) and established and publicly announced a basic plan for E Private Investment Facilities Project, the content of which is to enable civilians to design, construct, maintain, manage, and operate E based on the Act on Public-Private Partnerships in Infrastructure, the Enforcement Decree of Public-Private Partnerships Act, and the annual plan for public-private partnership projects to procure funds

B. 1) On September 14, 2005, the Plaintiff was selected as the priority negotiation object for the instant project from Daegu Metropolitan City, and entered into the concession agreement with Daegu Metropolitan City on December 12, 2005, and on December 28, 2006, the concession agreement for the instant project was amended by amending part of the above concession agreement (hereinafter “instant concession agreement”).

(1) The purpose of this Convention is to provide for matters necessary for the implementation of this project between Daegu Metropolitan City and A Co., Ltd. in carrying out this project in accordance with the Private Investment Act and the Enforcement Decree of Public-Private Partnerships Act, master plans for facilities, and basic plans for public-private partnerships. (2) The scope and scale of this project is as specified in the attached Table 1. Article 3 (Definition of Terms) includes annexed facilities which are constructed, leased, maintained, and operated by the project. The term “affiliated facilities” refers to facilities integrated into, and integrated into, facilities with focus facilities among these facilities for public use, the ownership of which belongs to Daegu Metropolitan City upon completion of the project. Article 40 (Lease of this project facilities) is to use the main facilities leased by A Co., Ltd. for the purpose of E, and the specific scope of the use thereof is to include attached facilities.

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