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(영문) 부산지방법원 2017.06.01 2016구합23876
사업시행자 지정 취소처분 취소 청구의 소
Text

1. On August 10, 2016, the Defendant is a project developer who is related to the project for the redevelopment of the stadium for Han Young-gu, the Plaintiff.

Reasons

1. Details of the disposition;

A. 1) On March 31, 2008, the former Public-Private Partnerships Act (amended by Act No. 10983, Aug. 4, 2011; hereinafter “Public-Private Partnership Act”) provides that “a consortium Co., Ltd., a consortium comprised of seven companies, such as Hyundai Industrial Development Co., Ltd., Ltd., Gyeongnam Bank, Busan Bank, etc., and Busan Bank,” which is a consortium (tentative) company, shall be deemed to have been incorporated on March 31, 2008.

(2) Pursuant to Article 9, the business of construction and operation of sports facilities, hotels, Conventions, etc. (hereinafter “instant business”) by redevelopment of old swimming pool on the 1391 and six parcels of land in Busan Shipping Daegu Do-dong, Busan Do-dong 1391.

(2) On October 28, 2010, the Defendant designated “BTO Co., Ltd.” as a priority negotiation subject to prior negotiations, and on July 4, 2012, determined and announced an urban management plan regarding the implementation of the instant project on the following grounds: (a) the project implementer transferred the foregoing facilities to Busan Metropolitan City; and (b) the project implementer held the right to manage and operate facilities for thirty (30) years; (c) the private investment project was proposed to the Defendant; (d) the Defendant designated “BTO” as a priority negotiation subject to prior negotiations.

On March 19, 2014, the Defendant: (a) selected as the concessionaire of the instant project, and entered into a concession agreement on the instant project with “(tentative name) Ampha Co., Ltd.” (hereinafter “instant concession agreement”); and (b) the main contents thereof are as follows.

Article 3 (Definition of Terms) (1) Unless otherwise provided in this Convention, the definitions of terms used in this Convention shall be as follows:

38. Appendix: Annexed documents to this Convention, such as agenda for consultation between the competent authority and the concessionaire derived in the course of negotiations for the conclusion of this Convention, evidentiary materials, design documents, and financial models.

Article 8 (Obligations of Project Executors) (3) Unless otherwise provided in this Convention, the Project Executor shall apply for an implementation plan for a letter of intent for loans or a conditional loan agreement presented by creditor financial institutions at the time of submitting the project plan.

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