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1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be revoked.
Defendant Lessee (Counterclaim Plaintiff) and B University President, C.
Reasons
1. Basic facts
A. B University DD D Cultural Center (hereinafter “B”) 1) B University (hereinafter “B University”) which was established and operated by BO private investment projects.
(2) On December 7, 2005, the president of the president refers to a method of public-private partnership project in which the former Ministry of Education and Human Resources Development grants the project implementer the right to manage and operate the facilities for a certain period of time to the State or local governments, but the ownership of the infrastructure is not vested in the State or local governments, if the infrastructure for public-private partnership project is completed (hereinafter “instant project”).
2) On December 21, 2005, 2005, the president established and publicly announced a master plan for the establishment and operation of the BTO private investment facilities of the Do Culture Center, the purpose of which is to build, maintain, and operate the Do Culture Center by investing the financial resources of private enterprises in accordance with the Act on Private Participation in Infrastructure (hereinafter “Private Investment Act”).
On March 17, 2006, the president of the Department B, and on March 17, 2006, selected I Co., Ltd. I (the name was changed to C; hereinafter referred to as “C”) as the priority negotiation subject, and entered into a concession agreement on June 1, 2006 (hereinafter referred to as “the instant concession agreement”).
3) The main contents of the instant concession agreement are as follows. ① Ownership of the facility belongs to the competent authority at the time of completion, and the competent authority shall grant the concessionaire the right to manage and operate the facility as a means to guarantee the concessionaire’s rights and legal status pursuant to the instant concession agreement at the time of completion of construction. The competent authority shall grant the concessionaire the right to manage and operate the facility upon confirmation of completion of construction. Article 53 (Early Termination by the competent authority - early cancellation by the competent authority - the competent authority shall give written notice to the concessionaire to cancel this agreement and cancel the designation of the concessionaire or the establishment of management and operation rights