시설사용면적배분처분취소
1. Of the judgment of the first instance, the part on the claim for the revocation of permission for the renewal of use and benefit as of July 12, 2017 is revoked, and the corresponding part of the lawsuit is revoked.
1. The reasoning for this part of the disposition by the court is as follows, and the reasoning for this part is as stated in the reasoning of the judgment of the first instance except for the following specifications. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
Part II, the 17 and 18 "B Association" (hereinafter referred to as the "B Association") shall be placed in the name of the Intervenor, and all the "B Association" shall be placed in the name of the Intervenor.
The 7th page 3 to 18 shall be as follows:
“Around July 1, 2015 to June 30, 2017, the period of permission for the renewal of use and profit-making with respect to the Plaintiff’s KRW 17,714.85 square meters among the instant wholesale market was granted to the Plaintiff. 4) On July 31, 2015, the Defendant notified the Plaintiff and the Intervenor of the plan to allocate the 17,714.86 square meters among the instant wholesale market to the Plaintiff, and submitted the plan to sell the 399.22 square meters in Jdong, Jdong 39.22, Ldong 696.86 square meters in total, 1,096.08 square meters in Jdong, Jdong 92.825 square meters in total, Ldong 69.86 square meters in total, and 72 percent in Jdong 306.395 square meters in total to the Intervenor.
5) On July 12, 2017, the Defendant granted permission for the renewal of use and benefit with respect to 13,857.815 square meters among the instant wholesale markets from July 1, 2017 to June 30, 2018 (hereinafter “the part concerning the allocation of the entire store of this case”) to the Intervenor assisting the Intervenor.
Accordingly, the status in which the plaintiff and the intervenor are taking advantage of Jdong and Ldong as auction site and intermediary wholesaler store, etc. shall be as shown in the attached Form.
2. The same shall apply to drawings;
6) On December 7, 2017, the Defendant notified the Plaintiff that “the Defendant, from the time of establishing the instant wholesale market, has the right to distribute the store to the wholesale market corporation (the Plaintiff and the Intervenor), but in the future, the Defendant would recover the preferential right to the location of the wholesale market corporation and the right to distribute the store, and the Defendant would have obtained reasonable standards and distribute the store equally at each stage.”