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(영문) 대구지방법원 2018.12.13 2017가단116262
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 25, 2008, based on the Act on Private Participation in Infrastructure (hereinafter “Private Investment Act”) with Daegu Metropolitan City, the Defendant concluded a concession agreement on the T-development project (hereinafter “instant concession agreement”) with the content that the Defendant constructed a S building in the Daegu Suwon-gu R (hereinafter “instant commercial building”) and donated it to the Daegu-gu Metropolitan City, and is granted management and operation rights to maintain and manage the instant commercial building for a certain period of not more than 20 years from Daegu Metropolitan City and to collect rents, usage fees, etc. from the facility users (hereinafter “instant project”).

B. From April 201 to November 201, the Defendant entered into a lease contract with the Plaintiffs on the terms of leasing and selling each of the commercial buildings listed in the “sale title” column in the “sale title” list of the settlement amount of rent in the instant commercial building (hereinafter “sale value of the instant commercial building”) with the Plaintiffs for a period of 20 years fixed.

The main contents of the lease contract of this case are as follows.

Article 1 (Lease Price and Payment Method) Lease means a rent for advance payment for not more than 20 years, for which the term "A (the meaning of the defendant; hereinafter the same shall apply)" is granted by the Daegu Metropolitan City (hereinafter referred to as the "competent authority").

3. Where “A” under the premise of the existence of the right to manage and operate the project carried out by “A” is unable to proceed with the project due to any other reason, such as the coordination and termination of the agreement with the competent authority, “A” may terminate this contract, and “B” shall return from the rent-out amount paid by “B (the meaning of the Plaintiff; hereinafter the same shall apply) the balance of the amount of other obligations, such as management expenses, taxes and public charges, expenses incurred in relation to facilities, damages and losses, and all other expenses incurred

In such cases, "B" shall be construed as "A".

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