운영관리권취소처분취소
The defendants' appeal is dismissed.
The costs of appeal shall be borne by the Defendants.
Purport of claim
1. The defendant Yangju market is established on December 2012.
1. The reasoning of the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for the addition of the judgment on new arguments by the Defendants in the court of first instance as follows.
2. The Defendants additionally asserted that the concession agreement of this case is a typical delegation contract under the Civil Act, which takes effect by one of the parties entrusting the other party with the management of affairs and the other party's consent, and if not, at least, the provisions on delegation under the Civil Act apply to the contract corresponding thereto. Thus, Defendant Yangju-si may terminate the concession agreement of this case at any time pursuant to Article 689 (1) of the Civil Act. Thus, Article 4 (2) of the concession agreement of this case provides that the Plaintiff may not cancel, withdraw, restrict, deprive or modify the operation and management right during the operation and management period, except as otherwise provided in the concession agreement of this case and the relevant laws and regulations, and Article 49 of the concession agreement of this case provides that the reasons for cancellation of the concession of this case is restricted, and Article 49 of the concession agreement of this case provides that the purpose and scope of the concession of this case, and the contents and duration of the operation and management right of this case can not be seen as being subject to delegation under the Civil Act or delegation of the concession agreement of this case.
3. If so, the judgment of the court of first instance is legitimate. Thus, the defendants' appeal is dismissed as it is without merit. It is so decided as per Disposition.