1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On April 6, 2015, Nonparty B was designated as a retailer under Article 16(1) of the Tobacco Business Act and Article 7-3(1) of the Enforcement Rule of the same Act from the former So-gu Seoul Metropolitan Government Head of the Gu, and operated a tobacco retail business with a trade name called “D” at the former So-gu Seoul Metropolitan Government C shop in the former Metropolitan City.

(hereinafter referred to as “existing place of business”). (b)

On May 26, 2015, the Plaintiff operated a mutual convenience store of “F” at the 1st floor store located in Dongdaemun-gu, Seoul (hereinafter “instant store”). On May 26, 2015, the Plaintiff filed an application for the designation of tobacco retailers with the head of the Jeondong-gu, Seoul. On June 2, 2015, the head of the Jeonnam-gu, Seoul, issued a disposition to designate tobacco retailers (hereinafter “instant original disposition”).

C. Accordingly, B filed an application with the Defendant for the revocation of the original disposition in this case. On September 17, 2015, the Defendant rendered a ruling on the revocation of the original disposition in this case (hereinafter “instant ruling”) on the ground that: (a) the head of the Jeonnam-gu had determined the distance between the existing place of business and the store in this case as 145 meters at a distance of 50 meters; and (b) the designation of a tobacco retailer was unlawful.

On September 21, 2015, the head of Jeonju-gu rendered a disposition to revoke the designation of tobacco retailers as of September 30, 2015 according to the instant judgment against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and the purport of the whole pleadings

2. Whether the ruling of this case is lawful

A. Article 7-3(1) and (3) of the Enforcement Rule of the Tobacco Business Act and Article 5(1) of the Rules on the Criteria, etc. for Designation of Tobacco Retailers in Jeonju (hereinafter “instant Rules”) on the Plaintiff’s assertion that the distance between tobacco retailers’ stores shall be at least 50 meters, and the distance shall be the wall of a specific place of business and that of another place of business.