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(영문) 수원지방법원 2017.09.05 2016구합68824
거부처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant formulated a plan for private investment in order to install parking lot facilities under Article 10(1) of the former Public-Private Partnerships Act (amended by Act No. 6776 of Dec. 11, 2002; hereinafter “former Public-Private Partnerships Act”) with an investment in the private sector pursuant to Article 10(1) of the former Public-Private Partnerships Act (hereinafter “former Public-Private Partnerships Act”), and publicly notified the plan as No. 17 of Mar. 20, 200.

B. In accordance with the instant plan, the Defendant promoted the establishment project of the above-ground parking lot (hereinafter “instant parking lot”) in Ansan-dong, 988-22 (hereinafter “instant parking lot”), and selected the Plaintiff as the project implementer. On July 24, 2000, the Defendant entered into an agreement with the Plaintiff (hereinafter “instant agreement”) with the Plaintiff. The main contents are as follows.

Article 2(1) of the Convention on the Construction and Operation of Common Parking Lots No. 988-22, Dong 1, 988 (Definitions), unless otherwise provided for in this Convention, the definitions of terms used in this Convention shall be as follows, but matters not defined shall be governed by the definitions of the former Public-Private Partnerships Act and the Enforcement Decree of the same Act:

1. The term "project" means the installation of a parking lot at No. 988-22, Gyeyang-dong, Gyeyang-gu, Ansan-si, as follows, and the operation of a parking lot pursuant to this Convention:

Structure: SETLRC

(b) Scale: 1st ground, 4th ground, and total floor area of 4,010.66 square meters;

(c) Number of parking lots: 106 vehicles.

(d) Incidental facilities: 1,139.99 square meters (28.42%).

(e) Total project cost: 1,966 million won; 15. The term "period of free use" means a period for which the plaintiff can obtain the right to manage and operate a parking lot and use it for profit free.

22. The term “operating period” means the period for which the plaintiff holds management and operation rights in connection with the implementation of the project;

Article 8 (Reversion of Ownership and Termination of Management and Operation Right) (1) Ownership of a parking lot (including incidental facilities) shall be executed at the same time as the completion thereof.

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