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(영문) 광주지방법원 2015.04.09 2014구합11991

영업자지위승계신고 반려처분 취소 청구의 소

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1. On October 15, 2014, the Defendant’s disposition to revoke the return of the report on succession to the status of a business operator against the Plaintiff.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On September 1, 2014, the successful bidder of the Plaintiff’s land for a factory, building, etc. is auctioned for 4,532m2, F factory site 30m2, G factory site 589m2, H factory site 2,051m2 (hereinafter referred to as “the instant factory site” in total) and all buildings and facilities on the ground (hereinafter referred to as “the instant slaughterhouse”) located on the instant land for a factory on September 30, 2014, and completed the registration of transfer of ownership in the name of the Plaintiff as to the instant land for a factory and its ground buildings owned by Dasan Livestock Co., Ltd. (hereinafter referred to as “Dasan Livestock”).

B. On October 13, 2014, the Plaintiff filed a report on succession to the Plaintiff’s business status pursuant to Article 26(2)1 and (3) of the Livestock Products Sanitary Control Act and Article 40(1) of the former Enforcement Rule of the Livestock Products Sanitary Control Act (amended by Ordinance of the Prime Minister No. 1066, Feb. 19, 2014; hereinafter the following) on the grounds that the Plaintiff acquired the entire business facilities of the instant slaughterhouse.

C. On October 15, 2014, the Defendant’s disposition rejecting the Defendant’s report on succession to the status of a business operator refers to the Plaintiff (i) a person who acquires all business facilities as stipulated in Article 26(2) of the Livestock Products Sanitary Control Act, including business permission and slaughter facilities; and (ii) a person who acquires all business facilities including those including slaughter facilities. The right to permission for the business of Dasan Livestock Industry’s business was transferred to the Defendant’s Intervenor (hereinafter “Supplementary Intervenor”) on June 3, 2013 in accordance with the judgment of the case of change in the name of the permitting authority (No. 2013Gahap209) and the Plaintiff acquired only the buildings used as slaughterhouse facilities.