The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. Since 2008, Daegu Metropolitan City, which is the founder of the Daegu Northern-gu D market (hereinafter “instant market”), decided to change the operation method of the fishery products of this case to the market wholesaler system under Article 36 of the Distribution and Price Stabilization of Agricultural and Fishery Products Act (hereinafter “Distribution and Price Stabilization Act”) from the wholesale market corporation system under Article 23 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products.

B. On December 24, 2007, Daegu Metropolitan City designated the Plaintiff, E Co., Ltd. (hereinafter referred to as “E”), F Co., Ltd. (hereinafter referred to as “F,” and collectively referred to as “Plaintiff, etc.”) as a wholesaler at the fishery category market (period: January 1, 2008 to December 31, 2012), and re-designated the Plaintiff, etc. as a wholesaler at the fishery category, on June 28, 2013, as follows:

(Period: from July 1, 2013 to June 30, 2018) Terms and Conditions for Designation of Markets at Market (Articles 1 through 4 omitted)

5. The market wholesaler shall bear all dues with respect to the property for use.

6. Where any market wholesaler falls under the following cases, the designation of the market wholesaler may be revoked at any time:

A market wholesaler shall operate a market wholesaler by neglecting the main business of the market wholesaler or by violating the conditions of designation.

(c) Where the licensed administrative property is sub-leased at will or its right is transferred;

I. In a case where a clear management of the details of deposits by business person and invoice was neglected, the above provision was added at the time of re-designation on June 28, 2013.

(Art. 7 Omission)

C. On December 24, 2014, the Defendant, who was delegated the authority to manage the instant market by Daegu Metropolitan City, issued a warning to the Plaintiff on the grounds that the Plaintiff violated the instant designation conditions as follows. Accordingly, the Plaintiff did not raise any particular objection and became final and conclusive as it was.

All expenses, such as electricity charges, etc., for the property for which permission has been granted, shall be transferred to the business operator.