1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On July 12, 2005, Defendant Daegu Metropolitan City (hereinafter “Defendant City”) established and publicly announced a master plan for C Private Investment Facilities Project (hereinafter “instant project”) with the content that private citizens may engage in the design, construction, maintenance, management, and operation of C based on the Enforcement Decree of the said Act and the basic plan for public-private partnership projects (hereinafter “instant project”).

However, the site of the instant project is located within the D Zone within the development restriction zone.

(b) Article 1 (Purpose and Outline of the Convention) (1) The purpose of this Convention is to prescribe the matters necessary for the implementation of this project between the competent authority and the concessionaire in executing the project in accordance with the Private Investment Act, the Enforcement Decree of the Private Investment Act, the instruction for proposal, the basic plan for facilities project, and the basic plan for private investment projects.

(2) The scope and scale of this project and facilities shall be as listed in attached Table 1.

Article 3 (Definitions of Terms) The term "project facilities" includes subsidiary facilities as C which are constructed, leased, maintained and operated by the project.

The term "affiliated facilities" means facilities integrated with exhibition facilities which are the central facilities among the main facilities for the project, and the ownership of which belongs to the competent authority at the time of the completion of the project.

(3) The competent authority shall use the project facilities leased by the concessionaire for the purpose of the art gallery, and the specific scope of use shall be the entire project facilities except for attached facilities.

Article 45 (Maintenance, Management, and Operation of Affiliated Facilities) (1) A project operator shall maintain, manage, and operate appurtenant facilities at his/her responsibilities and expenses, as prescribed by this Convention.