담배소매인영업소 위치변경 승인처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the disposition;
A. On November 17, 2003, a building located on C’s ground in Sii-si (hereinafter “instant building”) is used as a business facility or a neighborhood living facility as a building with the 1st floor, the 13th floor, the total floor area of 42,07.338 square meters underground, the use of which was approved on November 17, 2003.
B. The Plaintiff is a person designated as a tobacco retailer under Article 7-3(2) of the Enforcement Rule of the Tobacco Business Act (hereinafter “non-retailer”) on January 1, 2015 when operating the store No. 111 of the instant building (hereinafter “stores in the instant building”) with the mutual convenience store “D” (hereinafter “D”), and the Defendant is delegated with the authority to designate a tobacco retailer by the Minister of Strategy and Finance pursuant to Articles 16 and 26 of the Tobacco Business Act.
C. Meanwhile, the Intervenor had been designated as a tobacco retailer under Article 7(1) [Attachment 2] [Attachment 1] of the former Enforcement Rule of the Tobacco Business Act (amended by Ordinance of the Ministry of Strategy and Finance No. 90, Jul. 1, 2008) and Article 7(1) [Attachment 2] of the former Enforcement Rule of the Tobacco Business Act (amended by Ordinance of the Ministry of Strategy and Finance, Jul. 1, 2008; hereinafter “general retailer”) on Jan. 6, 2015, when the Plaintiff operated a mutually convenience store as “E store” in Articles 125 and 126 of the instant building prior to the Plaintiff’s operation of D. The Intervenor approved the Defendant’s transfer of the location of the place of business from the Plaintiff to the Defendant under subparagraph 122 of the instant building (hereinafter “instant disposal shop”).
Accordingly, on November 16, 2015, the Defendant issued a disposition to approve the change of the location to the supplementary intervenor (hereinafter “instant disposition”) on the part of the supplementary intervenor, who is an institution entrusted with the investigation of facts, and designated the supplementary intervenor as an internal retailer.
E. Since then, the supplementary intervenor on November 17, 2015.