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(영문) 대전지방법원 2018.01.24 2017구합103008

원상복구명령 처분 취소 등

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

Pursuant to Article 2 subparag. 2 and 3 of the former Act on Distribution and Price Stabilization of Agricultural and Fishery Products (amended by Act No. 6699, May 13, 2002; hereinafter “former Act on Distribution and Price Stabilization of Agricultural and Fishery Products”), the status of the parties is a central wholesale market established in Daejeon-gu Nowon-gu, Daejeon-dong, Dongdong-dong around July 2001, and the Plaintiff and Taiwan-dong Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) are wholesale market corporations designated pursuant to Article 2 subparag. 7 of the former Act on Distribution and Price Stabilization of Agricultural and Fishery Products.

구근류동 경매장 사용면적배분 및 분쟁 경과 피고는 2014. 2. 21. 구근류(球根類)동 경매장이 준공됨에 따라 아래와 같이 원고와 대전원예농협에게 구근류동 경매장을 배분하겠다고 통지하였다.

The distribution standard - The average ratio of the transaction volume (50%) and the transaction amount (50%) for the past three years from the date prior to the date of establishment of the relevant business budget by corporation (joint market) - the central boundary shall be the central passage three times, and the distribution rate of the area to be used (50%) determined by the transaction volume (50%) and the transaction amount (50%) for the purpose of civil petition settlement of civil petitions, the amount of 128.9 square meters shall be determined to be adjusted to increase or decrease in the Gu residential dong from the Gu residential dong to the extent of civil petition settlement, the Plaintiff: the area calculated by the adjustment rate of the transaction volume (50%) - the Plaintiff: 56 m2.56 m2.14 m2.46 - the Plaintiff: 702.46 m2.56 m2.56 m28 m24 m2.14 m28 m2.25 m201.

(hereinafter “instant previous disposition”). On June 17, 2014, the Plaintiff filed an application with the Defendant for permission to change the permitted use of 180 square meters out of 702.46 square meters in the old-dong Auction, the Plaintiff obtained permission for use and profit-making, to the intermediate wholesaler store, and the Defendant filed an application on June 24, 2014.