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(영문) 대구지방법원 2020.05.21 2019구합24048
준대규모점포 주소지 이전 변경개설등록불허가처분취소
Text

1. On July 17, 2019, the Defendant rendered a disposition of denying the registration for the change of the establishment of a quasi-superstore address against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, with the trade name of “stock company B” (hereinafter “existing business site”), has completed the registration of establishment as to 937 square meters of business site area and quasi-superstore of 889 square meters of store size (hereinafter “quasi-superstore”). On February 28, 2009, the Plaintiff operated the instant quasi-superstore on April 9, 2009 through April 8, 2019 with the term of lease from D from April 9, 2009 to April 8, 2019. The lease deposit was KRW 300,000,000 for the lease deposit, and monthly rent was KRW 15,000,000 for the lease.

B. On January 7, 2019, D notified the Plaintiff that “The Plaintiff was unable to accept the terms and conditions of the lease agreement as proposed by D, and thus, the Plaintiff did not intend to extend the lease agreement.”

C. On February 19, 2019, the Plaintiff entered into a lease agreement with E, “The Plaintiff newly constructed a building at the Plaintiff’s expense on Daegu-gun F and G land (hereinafter “new place of business”) located at a place less than 100 meters away from the existing place of business, and reverted the ownership thereof to E; the Plaintiff’s new place of business and new building belongs to E; the lease period of the Plaintiff’s new place of business and new building is ten years from the opening date; the lease deposit is KRW 200,000; the lease deposit is KRW 10,000,000 for monthly rent is KRW 10,000.”

E obtained a building permit from the Defendant on April 9, 2019 for the new construction of the first floor, the total floor area of 1,184.16 square meters, and the first class neighborhood living facilities of the general steel structure on the ground of a new business site.

E. On April 15, 2019, after the termination of the lease agreement on the existing ground buildings on the existing place of business, the Plaintiff transferred the existing building on the ground of business to D, and commenced the new construction of the new building on the ground of business. On June 25, 2019, the Plaintiff obtained approval for the use of the new building on the ground of business.

F. The Plaintiff shall transfer the location of the instant quasi-superstore to a new place of business in order to give prior notice of the relocation of the location of the instant quasi-superstore, and the store size shall be 950.29 square meters.

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