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Reasons
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(영문) 제주지방법원 2015.05.27 2014구합5358
시장사용허가취소처분 무효확인청구
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 197, the Plaintiff obtained permission for use of approximately 15-15 square meters in the B market located in Seopo-si, Seopo-si (hereinafter “B market”) located in Seopo-si, Seopo-si, and 7.7 square meters in the used area. The Plaintiff used approximately 13 square meters in the store number 15-3 as part of the store number 15-15.

B. Accordingly, on August 13, 2009, the Seopopopopo-si had a change in the actual location of the store in the form of allowing the Defendant to use the store number 15-3 in the B market. On January 4, 2010, the Defendant issued a change in the use area of the store number 15-3 and size 7.7 square meters to the Defendant.

C. Thereafter, on April 27, 2012, the Seopopopopool Mayor notified the Defendant that the part used in excess of the original permitted area should be returned by May 31, 2012, and notified the Defendant that he/she submitted his/her opinion or occupied by June 15, 2012, who did not return it.

The following agreements shall be made for all matters concerning the operation and management of the B market: (a) and the Defendant (hereinafter referred to as the “Defendant”) on the consignment contract for the operation and management of the B market:

Article 3 (Details of Operation and Management) (1) A shall entrust matters concerning the management and operation of stores and markets in the B market pursuant to Article 9 of the Ordinance on the Operation, Management, etc. of the Jeju Special Self-Governing Province (hereinafter referred to as the "Ordinance").

(2) Eul shall play the following roles:

6. Permission, etc. for market use under Articles 10 through 14 of the Ordinance;

D. Meanwhile, the Defendant was an organization established pursuant to Article 65 of the former Special Act on the Development of Traditional Markets and Shopping Districts (Amended by Act No. 11847, May 28, 2013) and entrusted the operation and management of the B market to the Defendant on June 21, 2012, and the main contents of the consignment contract are as follows.

E. The Defendant used the Plaintiff in excess of the instant store on August 10, 2012.

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