담배소매인지정취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 23, 2009, the head of Dong-si branch office rendered a disposition to designate a tobacco retailer as his/her place of business to the store located in Seosung-si (hereinafter “instant store”) (hereinafter “instant disposition”), and B operates the “Der” at the instant store.
B. On May 21, 2015, the head of Dong-si branch office rendered a disposition to designate a tobacco retailer as his/her place of business among the buildings located in 106 and 107 in the vicinity of the instant store to the Plaintiff on May 21, 2015, and the Plaintiff operates “F convenience store” at the said place of business.
C. On September 16, 2015, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s appeal on the ground that the period for request expires on January 20, 2016, and is unlawful.
[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 4 and 5, the purport of the whole pleadings
2. The Plaintiff’s assertion that the store of this case was illegally constructed in contact with C, which is its location, without reporting in violation of the Building Act. B extended the store of this case without permission. The disposition of this case was unlawful with the designation of a tobacco retailer by making illegally constructed store as its place of business.
3. Whether the lawsuit of this case is legitimate
A. The defendant's main defense 1) The plaintiff does not have any legal interest to seek revocation of the disposition of this case, and thus, the lawsuit of this case is unlawful.
B) The first part of Article 12 of the Administrative Litigation Act regarding the claim that the instant lawsuit was filed one year after the date of the instant disposition, and that the period for filing the lawsuit is unlawful, even though it is against the Plaintiff’s qualification, is inappropriate. The first part of Article 12 of the Administrative Litigation Act provides that the revocation lawsuit may be filed by a person who has a legal interest in seeking revocation of the disposition, etc.