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(영문) 서울행정법원 2015.08.20 2014구합72286
보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s status as the Plaintiff is the Plaintiff’s private investment project under the Act on Private Participation in Infrastructure (hereinafter “Private Investment Act”), which constitutes a private investment project under the Private Investment in Infrastructure (hereinafter “Private Investment Act”), [the Plaintiff’s private investment project in the Army on each ground of 61,918 square meters of land in the area of 14-2 square meters in the area of Ycheon-gun, Seocheon-do and 19,922 square meters in the area of Ycheon-do and 905 square meters in the inside of the same Gun

(2) The project implementer of this case is a special purpose company established to carry out a build-transfer-lease project (BTL) method; hereinafter “instant project”).

B. On June 30, 2006, the Ministry of Strategy and Finance, including the conclusion of the instant concession agreement, announced the “Master Plan for Private Investment Project” for the instant project (Public Notice No. 2206-23 of the Ministry of Planning and Budget), and the Minister of National Defense, who is the competent authority, established and publicly announced the “Master Plan for Private Investment Project” for the instant project on August 11, 2006.

(Public Notice of Ministry of National Defense No. 2006-27). 2. The Minister of National Defense on March 26, 2007 designated the plaintiff as a priority bidder, and the same year.

9. On 27. 27. The concession agreement was concluded between the Plaintiff and the Plaintiff (hereinafter “instant concession agreement”).

Article 2 (Method of Implementing Projects) (1) The project shall be implemented as a leased-transfer-lease project (BTL) in accordance with the method prescribed in subparagraph 2 of Article 4 of the Private Investment Act.

(2) Funds invested by a project operator for the construction of facilities shall be recovered from rents calculated and paid in accordance with the provisions of this Convention, and expenses incurred in the operation and maintenance of facilities shall be recovered from operating expenses calculated in accordance with the provisions of this Convention.

Article 3 (Definition of Terms) - The term "construction period" means the period from the date of the conclusion of this Agreement to the date preceding the date of commencement of operation for the establishment of management and operation rights

- The term “construction interest” means the appropriation of all costs incurred in relation to the construction of project facilities.

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