대규모점포관리자변경신고수리처분취소
All of the plaintiffs' claims are dismissed.
All costs of lawsuit including costs incurred by participation.
1. Details of the disposition;
A. On July 4, 2007, AF Co., Ltd. completed the registration of the opening of a superstore under Article 8(1) of the Distribution Industry Development Act to the Defendant on July 4, 2007 with respect to a collective shopping mall located in Jongno-gu Seoul, Jongno-gu, Seoul with a size of 23,913.03 square meters (ground 2 stories and ground 2 stories), the store size of 9,370,53 square meters (hereinafter “instant shopping mall”).
B. On April 22, 2008, an AI corporation (hereinafter “AI”) reported to the Defendant on April 22, 2008, pursuant to Article 6(1) of the Enforcement Rule of the Distribution Industry Development Act (hereinafter “Enforcement Rule”), and the Defendant accepted the said report on the same day.
C. Since then, the AI made it difficult for the superstore manager to perform his duties on September 17, 2009, and took over the management of the instant commercial building to AH management body (representative AJ) composed of the sectional owners of the instant commercial building. On July 22, 2016, Plaintiff AD established Plaintiff A Co., Ltd (hereinafter “Plaintiff”) on August 5, 2016 and entered into a contract to take over the status of the superstore manager who takes over the status of the manager from AI on August 10, 2016.
Plaintiff
A reported to the Defendant on August 11, 2016, and the Defendant accepted the report and issued a written confirmation to the Plaintiff A pursuant to Article 12(3) of the Distribution Industry Development Act and Article 6(4) of the Enforcement Rule.
E. Separately, the Defendant filed an objection to the status of the Plaintiff A’s superstore manager, and filed a report on the change of the superstore manager in the name of 175 persons among 257 shop occupants on September 7, 2016, asserting that he/she obtained the consent of 175 persons among 257 shop occupants, and the Defendant filed a report on the change of the superstore manager in the name of the tentative name AE (hereinafter “AE”) with the Defendant on November 9, 2016.