beta
(영문) 창원지방법원 2014.08.22 2014구합654

영업승계신고수리처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 18, 201, the Plaintiff leased D factory sites 6,235 square meters, E factory sites, 378 square meters of land, buildings on the ground (two-story animal-related facilities and offices, single-story machinery rooms, store stores, and original treatment rooms, etc.) and business facilities, such as inside machinery facilities (hereinafter “instant slaughterhouse”) for a fixed term of two years, including factory sites, buildings, and internal business facilities.

On June 11, 2012, the Plaintiff was granted from the Defendant the instant slaughterhouse pursuant to Article 22(1) of the Livestock Products Sanitary Control Act to “business license for cattle, pigs, and salt slaughter.”

B. On July 30, 2013, the Intervenor’s Intervenor (hereinafter “ Intervenor”) (hereinafter “ Intervenor”) won the instant slaughterhouse at the auction of real estate for Jinwon District Court Jinwon Branch, Jinwon District Court, and completed the registration of ownership transfer in the name of the Intervenor with respect to the relevant land and building on August 1, 2013.

C. The Intervenor filed a report on the succession to the status of the proprietor pursuant to Article 26(2)1 and (3) of the Livestock Products Sanitary Control Act and Article 40(1) of the Enforcement Rule of the same Act (amended by Ordinance of the Prime Minister No. 1066, Feb. 19, 2014; hereinafter the same) on the ground that the Intervenor acquired the entire business facilities of the slaughterhouse in this case to the Defendant.

On December 17, 2013, the Defendant issued a prior notification procedure, such as allowing the Plaintiff to submit his opinion regarding the receipt of the report, and accepted a report on the succession to the status of a slaughter business operator (oil) whose location is the slaughterhouse in this case on December 31, 2013.

(hereinafter referred to as “the acceptance of report of this case”). 【No dispute exists, Gap evidence 1 (the same as Eul evidence 6), Eul evidence 2, Gap evidence 3-1, 2, Gap evidence 4 (the same as Eul evidence 17), Eul evidence 6, Eul evidence 11, 13, 14, 19, 23, 27, and 30, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination on the main defense of the Defendant and the Intervenor

(a) the defendant;