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(영문) 대전지방법원 2020.07.08 2019구합102832
변경사용허가신청 불허가처분 취소청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff has been maintaining a de facto marital relationship with D from around 2007.

B. D obtained permission to use the instant store from the Defendant on August 24, 2016 (from August 31, 2016 to August 30, 2019) under the trade name, “E (hereinafter “E”)” in the 1st floor C of the Chungcheongnam-gun, Chungcheongnam-gun B market on December 12, 2012.

C. On August 21, 2017, D filed a lawsuit with the Daejeon Family Court seeking damages against the Plaintiff due to the failure in a de facto marital relationship (2017ddan20822). On October 30, 2017, the Plaintiff filed a counterclaim seeking division of property against D against the Plaintiff.

(2017 World Cup 21085). On December 26, 2017, the Plaintiff and D completed a written agreement, stating that “D shall transfer all the instant store’s business rights and goodwill to the Plaintiff as division of property, carry out the procedure for declaring that it transferred the business rights, etc. to the F merchants’ Association, which is the related agency, and provide the Plaintiff with the documents necessary for the transfer of the business rights and goodwill. The Plaintiff and D withdraw their respective claims, and withdraw their respective lawsuits.”

On March 23, 2018, the Plaintiff filed an application for permission to change the purpose of changing the user of the store of this case with the Defendant.

(hereinafter referred to as "the application of this case". (e)

On March 30, 2018, the Defendant rendered a disposition of denying the instant application based on Article 13 of the Seocheon-gun Traditional Markets Ordinance on the Establishment and Operation of the Plaintiff (hereinafter “instant Ordinance”).

(hereinafter “instant disposition”). On August 28, 2018, the Plaintiff was served with the instant disposition.

F. On November 20, 2018, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition, but Chungcheongnam-do Administrative Appeals Commission dismissed the decision on January 21, 2019.

On February 1, 2019, the Plaintiff was served with the above written ruling.

[Reasons for Recognition] Gap Nos. 1, 4 through 17, 20, 21, and Eul No. 5.

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