거부처분취소 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Pursuant to Article 17(1) of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products Distribution Act”) and Articles 3(1) and 2(2) of the Enforcement Rule of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Enforcement Rule of the Agricultural and Fishery Products Distribution Act”), the Seoul Special Metropolitan City established the “Agricultural and Fishery Products Agricultural and Fishery Products Wholesale Market” and “Seoul Special Metropolitan City Nowon-gu Fishery Products Wholesale Market” as “central wholesale market” under Article 2 subparag. 3 of the Agricultural and Fishery Products Distribution Act among “agricultural and Fishery Products Wholesale Market” under Article 2 subparag. 2 of the Agricultural and Fishery Products Distribution Act, and the Seoul Special Metropolitan City Ordinance on Agricultural and Fishery Products Wholesale and Fishery Products
On September 1, 2009, pursuant to Article 25(1) of the Agricultural and Fishery Products Distribution Act and Article 26(1) of the Ordinance on the Agricultural and Fishery Products Development and Agricultural and Fishery Products Development and Article 26(1), the Plaintiff obtained permission for intermediate wholesale business from the Defendant to “Seongdong Agricultural and Fishery Products Agricultural and Fishery Products Wholesale and Fishery Products Development” as “Cheongdong Branch”, and the period of permission as “from September 1, 2009 to August 31, 2014” (hereinafter “instant permission”). (b) The president of the Seoul Special Metropolitan City Agricultural and Fishery Products Corporation, who is delegated by the Defendant to manage the Agricultural and Fishery Products Development and Agricultural Products Development and the Seoul Special Metropolitan City Ordinance, shall restore the store facilities to its original state until August 31, 2014. < Amended by Presidential Decree No. 25550, Aug. 26, 2014>
“The notification of this case” was sent to the Plaintiff (hereinafter “the notification of this case”). C. The Plaintiff: (a) even though the Plaintiff filed an application for re-permission for intermediate wholesale business with the president of the Korea Agriculture and Fisheries Corporation prior to the expiration of the permission period on August 20, 2014, the Defendant did not express any intent on the Plaintiff’s application for re-permission for intermediate wholesale business; (b) the president of the Seoul Special Metropolitan City Agricultural and Fisheries Food Corporation did not notify the Plaintiff.