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(영문) 서울행정법원 2019.12.24 2019구합55033
중앙도매시장(노량진수산시장)개설장소변경고시처분무효확인
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1. All plaintiffs' lawsuits are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Basic facts

A. As the owner of a building located in Dongjak-gu Seoul Metropolitan Government (hereinafter “former market building”), the Intervenor I’s Intervenor leased the old market building and its site to the Intervenor J Co., Ltd. (hereinafter “ Intervenor J”) since 2002 and the Intervenor’s Intervenor’s Intervenor together with the Intervenor’s Intervenor (hereinafter “ Intervenor”) as a market A (hereinafter “A market”).

B. The Intervenor J has been operating the A market while managing the old market building that was leased by means of sub-lease, etc. to the merchants such as the Plaintiffs.

C. However, the modernization project of the fishery products wholesale market was promoted since December 2004, by constructing a new market by constructing a building modernized in Dongjak-gu Seoul Metropolitan Government L (hereinafter “new market building”), which is a site adjacent to the old market building, and moving the merchants operating in the old market to the new market building.

Accordingly, the new construction work of the new market building was initiated around December 2012 and the new market building was completed around October 2015.

Since then, the number of 1,049 among the 1,334 merchants who operated their business in the store of the Gu market was transferred to the new market.

E. On May 29, 2015, the original Intervenor J designated the wholesale market address from the Defendant as “Seoul Dongjak-gu K, Seoul,” and the period of designation as a wholesale market corporation from June 1, 2015 to May 31, 2020. Accordingly, upon receipt of a written designation as a wholesale market corporation, the original Intervenor J applied for re-issuance of the said written designation on March 9, 2016. Accordingly, on March 15, 2016, the Defendant issued the said written designation as “Seoul Dongjak-gu L” and the period of designation as a wholesale market corporation from June 1, 2015 to May 31, 2020.

(hereinafter “Reissuance of this case’s letter of designation”). [The grounds for recognition] did not dispute, Gap evidence 2, Eul evidence 1 to 6, Eul evidence 8 to 10, Eul.

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