1.The judgment of the first instance shall be modified as follows:

Defendant Counterclaim Co., Ltd. and Defendant C Co., Ltd.

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 the E Private Investment Project Master Plan for E Private Investment Facilities (hereinafter “instant project”) with the content that private citizens are required to design, construct, maintain, manage, and operate E and procure funds based on the Enforcement Decree of the said Act and the basic plan.

However, the project site of this case is located within the urban natural park area in the development restriction zone.

B. Conclusion 1 of the concession agreement for E private investment facilities projects is a juristic person established by the Plaintiff, including S stock companies, to acquire the business rights of the instant project and carry out the project. Around August 31, 2005, the Plaintiff invested funds to construct the infrastructure by constructing the infrastructure, transferred the ownership to the State or local governments, acquired the management and operation rights from the State or local governments, and then collected the investment cost by leasing the facilities to the State or local governments by exercising the management and operation rights. A private business operator obtains the management and operation rights of the instant facilities based on Article 26 of the Private Investment Act in return for construction of the facilities and donation to the competent authorities, and collects the investment cost through the rent revenue agreed upon by leasing the facilities to the competent authorities for the period of time agreed on by exercising such management and operation rights. A private business operator was selected from the Daegu Metropolitan City subject to the instant concession agreement and submitted the project plan to the Plaintiff on May 24, 2012 to the instant metropolitan City.