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(영문) 제주지방법원 2014.09.24 2014구합5181
관광사업자지위승계신고수리처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff, at Jeju-si, operated Cju Recreation, which is equipped with ancillary facilities, such as restaurants, stores, seminars, etc. (hereinafter “instant containers”), on the guest rooms 50 rooms and underground floors in B at Jeju-si, completed the registration of tourist accommodation business (responding condominiums) on November 23, 1998.

B. The Defendant’s assistant intervenor purchased 43 guest rooms of the instant containers awarded in the Jeju District Court J Voluntary Auction case from D, E, F, G, H, I, etc., and the Jeju District Court awarded a bid of 2 to 7, except subparagraph 1 among the ancillary facilities located on the first floor of the instant containers, and acquired most ownership of the guest rooms and ancillary facilities among the instant containers.

On the other hand, the Plaintiff owns only 45/50 shares for one guest room among the instant containers, one ancillary facility, and only one access road.

C. On December 17, 2013, the Defendant reported that he succeeded to the status of the Plaintiff’s tourism business operator to the Defendant, and the Defendant accepted it on January 20, 2014.

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry of Gap Nos. 3, 5, and Eul Nos. 8 and 14 (including numbers, if any) and the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s assertion that most of the main facilities were owned by the Defendant’s Intervenor, and the Plaintiff is jointly owned by only one guest room among the instant containers, and even if the instant disposition is revoked, it is impossible to reinstate the instant containers because it failed to meet the registration standards stipulated in the Tourism Promotion Act, etc., and thus, the instant lawsuit is unlawful as it has no benefit of lawsuit.

(b) as shown in the attached Form of the relevant statutes;

C. A lawsuit seeking the revocation of an illegal administrative disposition is a lawsuit seeking to restore the state of illegality caused by the illegal disposition to its original state and protect or refrain from the rights and interests infringed or interfered with the disposition.

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