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(영문) 부산지방법원 2016.08.18 2015가합42677
계약 무효 확인의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the main claim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

First, I examine the principal claim.

1. Basic facts

A. On December 7, 2005, the president of the Buniversity was designated by the former Ministry of Education and Human Resources Development as the competent authority in charge of the affairs of the Buniversity D Cultural Center (hereinafter “instant project”). On December 7, 2005, the president of the Buniversity was designated by the competent authority in charge of the affairs of the Buniversity D Cultural Center’s establishment and operation BO (BO) (hereinafter “Buniversity”).

On December 21, 2005, the president of the Buniversity, based on the Act on Public-Private Partnerships in Infrastructure (hereinafter “Private Investment Act”), established and publicly announced a master plan for construction, operation, and management of the Dcultural Center and the establishment, management, and operation of the BU D D D D D D D D D D D D D D D D D D D D D D D D D D, and entered into an agreement on June 1, 2006 with the title I Co., Ltd. (hereinafter the title “C”), which was jointly invested by the E, F, G Co., Ltd., and H, as the priority negotiation subject, selected as the priority negotiation subject, and entered into a public-private partnership agreement on June 1, 2006.

The main contents of the instant concession agreement are as follows.

Article 6 (Reversion, etc. of Ownership of Facilities) (1) Ownership of the facilities shall revert to the competent authority upon completion and at the same time, and the competent authority shall grant the concessionaire the rights to manage and operate the facilities as a means to guarantee the concessionaire’s rights and legal status pursuant to the Convention upon completion inspection.

Article 56 (Effect at Time of Termination of an Convention) (1) In the event that this Convention is terminated earlier pursuant to Article 53, the business facilities shall immediately revert to the competent authority at the time of termination, the rights, powers, etc. of the project operator, and the period for the establishment of management and operation

(2)

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