1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the corresponding part of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

[Attachment] 8. 7 to 10. The part ", therefore, to be viewed as a result," shall be added to the following contents:

【In light of the following circumstances revealed from each of the evidence mentioned above and relevant provisions, the instant agreement constitutes a contract under public law established by the agreement between the Defendant and the Plaintiff on mutual equal standing with the Plaintiff, not an administrative disposition taken by the Defendant by exercising public authority on a superior status as an administrative agency (see, e.g., Supreme Court Decisions 2013Du6244, Apr. 24, 2014; 2015Du4149, Aug. 27, 2015). (1) In order to establish the sewage treatment facilities for basic infrastructure facilities of the Republic of Korea, the instant agreement concluded as follows, pursuant to Article 61 of the Sewerage Act, with a view to construction of the sewage treatment facilities for basic infrastructure facilities of the Republic of Korea, at 241, the extension of the period between the Defendant and the Plaintiff:

"" is defined as ".

In accordance with Article 61 of the Sewerage Act, the Plaintiff and the Defendant concluded an agreement on the amount and payment method of the amount borne by the sewerage due to the project of this case.

② Article 5(1) of the Convention provides that “The installation of sewage treatment facilities for environmental infrastructure facilities shall be carried out by the Defendant, and the Plaintiff shall bear the project cost.

“The Plaintiff provides that the Plaintiff shall bear the project cost by the method of paying the burden borne by the borne person, and the proviso to paragraph (7) of the same Article shall consult with the Plaintiff in advance where the change of the project cost is accompanied by the design change.

Article 8(2) of the Convention provides that “In the event of a special reason that makes it difficult to treat sewage within the period, the Defendant shall consult with the Plaintiff in advance.”

"...."