[영업허가취소처분취소][집25(2)행,28;공1977.8.1.(565) 10176]
1. Whether the revocation of permission to a successor in good faith violates the conditions of permission granted by the former title holder;
A violation of the conditions of permission, such as prohibition of sale of high density sprinked meat at the time of permission for meat sales business, shall be subject to an administrative system for revocation of permission for business only by the person who has violated such conditions of permission, and a successor to a bona fide person shall not be allowed to revoke permission for the reason that the former person has breached the conditions of permission, unless there are special circumstances, such as that he/she was aware
Article 18 of the Processing of Livestock Products
House-to-ju
Attorney Kim Jong-young, Counsel for the defendant-appellant
Seoul High Court Decision 75Gu425 decided Nov. 23, 1976
The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.
The defendant's attorney's grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the non-party entered into a contract with the plaintiff on August 10, 1975 that the non-party who operated the above refined meat store with the permission to sell the above refined meat store's facilities and the permission to sell it to the plaintiff on November 14, 1975, and was exposed to the plaintiff, but without such knowledge of the circumstances, the plaintiff was ordered to order the above refined meat store's facilities under the above contract and applied for the change of the permission to the defendant on December 14, 1975. The defendant did not know that the non-party's permission to sell the above refined meat was cancelled on the ground of the non-party's activity of selling the refined meat, and it was hard to conclude that the non-party's new permission to sell the above refined meat was cancelled on the ground of the non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's new permission to obtain the permission to permit's new order.
Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices Hah- Port (Presiding Justice)