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(영문) 서울행정법원 2017.11.24 2016구합84344
담배소매인지정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

D, on March 1, 2012, the part of the Yeongdeungpo-gu Seoul Metropolitan Government E building (hereinafter “instant building”) No. 101, which is part of the 65.88 square meters (hereinafter “instant store”) was leased from March 1, 2012 to February 28, 2014. On the same day, D opened the business of mutual convenience store “F” with the location of the instant store as the location of the location, and obtained a business registration certificate from the superintendent of the Yeongdeungpo-gu Tax Office on March 15, 2012.

D On March 15, 2012, the Defendant filed an application for designation as a tobacco retailer under Article 7-3(1) of the former Enforcement Rule of the Tobacco Business Act (amended by Ordinance of the Ministry of Strategy and Finance No. 595, Mar. 7, 2017; hereinafter the same) with F in its trade name, and was designated as a retailer at that time.

D purchased the instant store on June 12, 2012, and completed the registration as “No. 101-2 of the instant building” by classifying the instant store on June 28, 2012, following the completion of the registration of transfer of ownership with respect to the instant store on July 23, 2012, and operated convenience points with the trade name “G”.

D reported the closure of “G” to the Defendant on February 6, 2015, and the Defendant publicly announced the application period for the same day by February 13, 2015, and the new receipt of designation as tobacco retailers.

(hereinafter “instant announcement”). According to the instant announcement, pursuant to Article 7-3(1) of the former Enforcement Rule of the Tobacco Business Act, the Plaintiffs filed an application for the designation of a tobacco retailer whose place of business is 103, and H’s trade name.

In addition, on February 13, 2015, I set the term of lease from D as of February 22, 2017, and leased the instant store to the Defendant on the same day. On the same day, I applied for the designation of the tobacco retailer with the instant store as its place of business, and with the name of “G” as its trade name.

As a result of the Defendant’s implementation of the public lottery on February 25, 2015, I disappeared, and on the same day, the Plaintiffs were designated as retailers pursuant to the instant public notice, and the Plaintiffs thereafter completed business registration on March 12, 2015 with the trade name “J” and thereafter on the 20th of the same month.

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