Text
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
Reasons
1. Basic facts
A. On March 20, 2008, the Plaintiff entered into a concession agreement with D (hereinafter “D”) based on the Act on Public-Private Partnerships in Infrastructure (hereinafter “Private Investment Act”), stating that when D constructs underground parking lots and auxiliary facilities on the land provided by the Plaintiff and donates D to the Plaintiff, the Plaintiff would grant management and operation rights of the E-Ground parking lots and auxiliary facilities contributed to D.
B. D constructed underground and underground parking lots and ancillary facilities (hereinafter “instant underground parking lots, etc.”) on February 7, 201, with the size of the 4th and the 1st and upper floors above the ground in Daejeon Seo-gu, Daejeon, and completed the registration of ownership transfer due to donation to the Plaintiff on February 7, 2011. On February 16, 2011, the Plaintiff was granted management and operation rights regarding the instant underground parking lots, etc. by the Plaintiff.
On July 6, 2011, the Plaintiff entered into the concession agreement on the “E Underground Parking Lot Construction and Operation Business” (hereinafter “instant concession agreement”) with G Co., Ltd. (hereinafter “G”) by acquiring management and operation rights of the instant underground parking lot, etc. from D, and entered into the said concession agreement with D and the Plaintiff as the same content as the said one between D and the Plaintiff. On the same day, the Plaintiff terminated the registration of the management and operation rights of the instant underground parking lot, etc. manager (the term: from February 16, 201 to February 15, 2041) in the future.
E. The contents pertaining to this case in the instant concession agreement are as follows.
(G) The project implementer and the competent authority are entitled to enjoy management and operation rights under Article 3 (Definition of Terms): The project implementer refers to the right under Article 26 of the Public-Private Partnerships Act to gratuitously use, benefit from, maintain and manage the facility and collect user fees from the facility users for the period determined by the concession agreement after completion of the construction of the facility.
Article 7 (Rights of Project Implementer) (1) The competent authority shall make the following subparagraphs: