beta
(영문) 대전고등법원 2018.10.25 2018누10222

시설사용면적배분처분취소

Text

1. Of the judgment of the court of first instance, the part of the claim for revocation of the distribution disposition as of July 12, 2017 shall be revoked, and the part of the lawsuit shall be dismissed.

2...

Reasons

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 court of 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.

The three pages 3 and 4 “B association” (hereinafter referred to as “B association”) is deemed to be an intervenor; hereinafter the “B association” is deemed to have all of the 8 pages 5 through 15 as follows. The Defendant: (a) on June 19, 2015, the period of permission as to the Intervenor 13,329.419 square meters of the instant wholesale market (C is the same as the existing one, and the area is distributed across the boundaries) was granted from July 1, 2015 to June 30, 2017; and (b) on July 12, 2017, the part of the permission for the renewal of use and benefit was allocated from July 13, 2017 to July 31, 2017 to the part of the previous permission for the renewal of use and benefit (hereinafter referred to as “the period of permission from July 21, 2017).

(2) Upon the dispute between the Plaintiff and the Intervenor regarding the distribution of the area, the Defendant decided to grant permission for direct use and benefit to the intermediate wholesaler for the part of the intermediary store distributed to the Plaintiff and the Intervenor.

On June 30, 2018, the Defendant granted permission for the renewal of use and profit-making with respect to the instant wholesale market 10,042.02 square meters (C is the same as the previous intermediary store, and the area allocated to the supplementary participant is 256 square meters) to the supplementary participant, whose period of permission expires from July 1, 2018 to June 30, 202, with respect to the instant wholesale market 10,042 square meters (the area allocated to the supplementary participant is 256 square meters).

(hereinafter referred to as the “instant disposition”), . [Grounds for recognition] of no dispute, and evidence Nos. 1, 4, 6, and 14 may be numbered.