상인회등록무효 등
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Details of the disposition;
A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties indicated in the separate sheet (hereinafter “Plaintiffs”) are the sectional owners or shop occupants of the Plaintiff’s D shop located in Busan-gu (hereinafter “instant commercial building”).
B. The “B association” (hereinafter “Non-Party Association”) is a cooperative whose members are the merchants of the instant commercial building. On December 30, 2014, the Non-Party Association filed an application for the registration of the merchants’ association of the instant commercial building with the Defendant on December 30, 2014, and the Defendant registered the Non-Party Association as the merchants’ association of the instant commercial building (hereinafter “the instant disposition”), pursuant to Article 65 of the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”), and designated the Non-Party Association as the market manager of the instant commercial building (hereinafter “the instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition on May 23, 2016, but was dismissed on the ground that the period for filing an administrative appeal was expired on June 28, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 12, 15, 17, Eul evidence Nos. 1 through 4 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The non-party association did not comply with the procedure, such as failing to submit the documents required under Article 2(3) of the Enforcement Decree of the Traditional Markets Act and Article 2(1) of the Enforcement Rule of the Traditional Markets Act upon filing an application for the registration of the merchants’ association. The “list of the persons consenting to the registration of the merchants’ association” submitted pursuant to Article 65 of the Traditional Markets Act and Article 12(1)4 of the Enforcement Rule of the same Act includes not only the merchants who do not actually engage in the business in the instant commercial building but also there are significant and apparent defects in the instant disposition because the eight shops of the instant commercial building were omitted.