1. Of the judgment of the first instance court, the part concerning Defendant Daegu Metropolitan City shall be modified as follows:

The plaintiff is the defendant.

1. Facts of recognition;

A. On July 12, 2005, Defendant Daegu Metropolitan City (hereinafter “Defendant City”) established and publicly announced a master plan for public-private partnership facilities projects of Daegu City Art Gallery (hereinafter “instant project”) on the basis of the Enforcement Decree of the said Act and the annual plan to enable civilians to design, construct, maintain, manage, and operate the Daegu City Art Gallery’s infrastructure projects (hereinafter “instant project”).

However, the project site of this case is located within the urban natural park area in the development restriction zone.

B. Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is limited to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”).

A) A corporation is established by 9 companies, including Hyundai Industrial Development Co., Ltd., in order to obtain a business license of the instant project and carry out the project. A around August 31, 2005, BTL private sector invested funds to construct infrastructure and transfer its ownership to the State or local governments, and acquired the right to manage and operate the infrastructure from the State or local governments, and then lease the facility to the State or local governments (Lea to recover the investment cost) by exercising the right to manage and operate the facility.

In return for the construction of facilities and donation to the competent authority, a private business operator shall obtain the right to manage and operate facilities pursuant to Article 26 of the Private Investment Act in return for the acquisition of such right to manage and operate such facilities and recover the investment cost through the agreed rent revenue from the competent authority for

A project plan for the construction and operation of the Daegu City Art Gallery in the business method, which creates net profits by operating its appurtenant facilities through convention, shall be prepared, and the defendant shall be the city.