재결취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the original disposition and ruling;
A. On July 2, 2014, the Plaintiff entered into a lease agreement between B and B on July 2, 2014 with respect to the aggregate of 106 and 107 square meters among buildings located in Seosung-si, with respect to the size of 86.48 square meters from July 3, 2014 to July 2, 2016. The structure of the leased object is as follows:
(hereinafter referred to as "the part divided in the shape of "b" on the left-hand side of the forest refers to the convenience store in this case."
On the other hand, the non-party D operated tobacco retail business with the trade name "FFFFFer" in the above place since he received a disposition to designate a tobacco retailer from the head of Sung-dong branch office on July 23, 2009 by designating a tobacco retailer as a place of business where he/she is located.
(hereinafter “the neighboring place of business of this case”). C.
On July 21, 2014, the Plaintiff applied for designation as a tobacco retailer under Article 16 (1) of the Tobacco Business Act to the head of the branch office of the Seosung-si branch office of the Dong Sung-dong branch office of the instant convenience store.
Pursuant to the proviso to Article 7 (4) of the Enforcement Rule of the Tobacco Business Act and Article 4 of the Ordinance on the Inspection of Designation of Tobacco Retailers in Mosung-si, the head of the branch office of the Ysung-dong shall request the Association of the Korea Tobacco Sellers (hereinafter referred to as the "Association") to investigate the facts, and shall be notified that the distance from the association to the entrance of the neighboring business office of this case and the convenience store of this case exceeds 53 meters as prescribed in Article 7-3 (1) 1 of the Enforcement Rule of the Tobacco
Accordingly, on July 28, 2014, the head of Sung-si branch office rendered a disposition to designate tobacco retailers, whose place of business is the convenience store of the Plaintiff (hereinafter “instant original disposition”). D.
D filed an application with the Defendant for revocation of the original disposition of this case.
On March 18, 2015, the defendant issued the original disposition in this case by the head of the office of the Sungsung-dong branch office, in violation of Article 7 (6) of the Enforcement Rule of the Tobacco Business Act, D, a neighboring retailer.