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(영문) 대구지방법원 2018.04.18 2017구합24129
구미 중앙공원 민간공원 조성사업 협약서 제46조 제1항의 무효확인청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Status 1 of the parties to the case is Dawon Co., Ltd. (hereinafter “Dawon Co., Ltd”).

(2) The Plaintiff is a special purpose corporation established to implement the “Central Park”, which is an urban park in the Gu and Si, as a private park development project (hereinafter “instant project”).

B. The 1-1 type and name of the project implementer to select the potential concessionaire

(a) Where a project is provided with at least 70 percent of the park area pursuant to Article 21-2 of the Act on Parks and Greenbelts of Greenbelts, installing non-park facilities in part of the site for the urban park or underground;

(b) Park area for business: 615,512 square meters for a private proposal: 559,925 square meters for park facilities: 392,525 square meters for park facilities: - Site for non-park facilities: 167,400 square meters (29.9 percent): 55,587 square meters (water facilities4,654 square meters, and other 50,93 square meters) for a 1-5 project and the scheduled date for commencement and completion of the project: The scheduled date for completion of the project on August 2016: April 1, 2020; The non-party company shall be governed by the Act on Urban Parks, Greenbelts, Etc. (hereinafter referred to as the “park and greenbelts Act”).

A) Pursuant to Articles 21 and 21-2, a private park promoter refers to a person who is not a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Gun. Around August 2016, the Gu-U.S. Mayor, a person who has a right to develop a park building plan, submitted the instant project proposal with the following contents pursuant to Article 16(3) of the Park Park in the Gu-U.S. Mayor, a person who has a right to develop a park building plan, around September 7, 2016.

In accordance with the provisions of Section 1 (b) of Section 1 of Section 2 of Chapter II of the Guidelines on Special Projects for the Creation of Parks and Greenbelts Act and Special Cases for the Creation of Private Parks, a third party's proposal for the project in this case shall be received.

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