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(영문) 서울고등법원 2017.06.23 2016누64175
중도매업신규허가부작위위법확인
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

Reasons

1. Details of the disposition;

A. The Defendant tried to promote a new wholesale business license in order to recover the function of the wholesale market through an increase in the market volume B in high quality B.

According to Article 26 of the Seoul Metropolitan Government Ordinance on Distribution and Price Stabilization of Agricultural and Fishery Products pursuant to the delegation of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products by the President of the Agricultural and Fishery Food Corporation, a person who intends to engage in intermediate wholesale in a wholesale market shall obtain permission from the Mayor. According to Article 3 (1) of the Enforcement Rule of the Seoul Metropolitan Government Ordinance on the Agricultural and Fishery Products Agricultural and Fishery Products Wholesale Promotion, an application for new permission shall be made to the president of the Seoul Metropolitan Government Association, and

On March 16, 2015, “C Wholesale Market (including corporations) published new open recruitment, and eight persons, including the Plaintiff (hereinafter “Plaintiff, etc.”) applied for permission for intermediate wholesalers to the Seoul Special Metropolitan City Agriculture and Fisheries Food Corporation. On April 6, 2015, the president of the Seoul Special Metropolitan City Agricultural and Fisheries Food Corporation recommended the Plaintiff, etc. to grant new permission for intermediate wholesalers in Category B, 2015.

B. On May 1, 2015, K and the Plaintiff, etc., the Chairperson of the J Association of the Seoul Special Metropolitan City, are required to grant prompt permission to the Defendant for intermediate wholesalers at C Wholesale Market in Seoul Special Metropolitan City.

On June 2, 2015, the Defendant sent a reply to a prompt request for permission by the intermediate wholesaler to the effect that it is bound to withhold new permission for intermediary wholesale business in accordance with the plan for the closure (transfer) of the C Wholesale Market.

C. On December 7, 2015, the Secretary L of the Seoul Special Metropolitan City J Association revoked the Defendant’s response on June 2, 2015 to the Anti-Corruption and Civil Rights Commission, and submitted a civil petition for grievance to the effect that the Defendant would request the recommendation to review and make a decision on whether to grant permission. The Defendant would promote the transfer of C Wholesale to L on December 22, 2015.

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