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1. Of the instant lawsuit, the part of the Plaintiff’s claim for confirmation against the Defendant Ysan City added in the trial room is dismissed.
2...
Reasons
1. Facts of recognition;
A. The conclusion of the instant concession agreement and the commencement of the operation of the instant business facilities 1) Defendant Ysan-si, even though the daily amount of livestock wastewater generated within the king-si area was around 959.2 tons in 959, the king-si’s Livestock Wastewater Treatment Business Office, which had been already operated, did not properly treat livestock wastewater, causing water pollution, etc.; thus, around 2003, the reinforcement of the livestock excreta collection system and the construction for improving the treatment facilities of livestock wastewater to the king-si’s Livestock Wastewater Treatment Business Office (amended by Act No. 10983, Aug. 4, 201; hereinafter “Private Investment Act”).
(2) On March 1, 2003, on May 1, 2007, the Plaintiff, a special purpose corporation established under the Act on Private Participation in Capital, such as the Co., Ltd., proposed a project to improve the living environment in the special area of the king and to strengthen the livestock excreta public disposal facility (hereinafter “instant project”), and on May 1, 2007, designated the Plaintiff as a potential concessionaire for the instant project on May 1, 2007, through a third party’s proposal, the Plaintiff was selected as a potential concessionaire for the instant project.
[This case’s concession agreement] (1) Unless otherwise provided in this Convention, the definitions of terms used in this Convention are as follows:
12. The management and operation rights: The rights which the concessionaire may use and benefit from such facilities without compensation as determined by the concession agreement after completion of the construction and collect user fees from the facility users as prescribed in Article 26 of the Public-Private Partnerships Act.
13. Period for the establishment of management and operation rights: Article 26 of the Private Investment Act.