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 August 25, 2006, the Busan-si Special Act on the Development of Traditional Markets (wholly amended by Act No. 7945 of Apr. 28, 2006; hereinafter “former Traditional Markets Act”) designated the original-type market on the land of 367, Seocheon-dong, Seocheon-si, Seocheon-si, the private land as the recognition market under subparagraph 1 (b) of Article 2 of the former Special Act on the Development of Traditional Markets.

B. On October 12, 2006, the Plaintiff, established to promote the market improvement project in the primary market, approved the establishment of the secondary market on October 12, 2006. On the same day, the Plaintiff filed an application to recommend the primary market as the zone for the market improvement project in accordance with the relevant provisions of the former Traditional Market Act with the Busan Mayor/Do governor.

(hereinafter “instant application”). Accordingly, on October 27, 2006, the vice-market recommended the Defendant to implement the marketplace improvement project, but the Defendant, on April 26, 2007, demanded the Plaintiff to re-examine the original market after further review, returned all the recommended documents, and on October 23, 2008, the vice-market recommended the Defendant to implement the marketplace improvement project again on October 23, 2008.

C. Meanwhile, the former Traditional Market Act was completely amended on April 28, 2006 as the "Special Act on the Development of Traditional Markets and Shopping Districts" and it was enforced on October 29, 2006, which was after the application of the instant case (hereinafter referred to as the "Revised Market Act"), and the proviso of Article 31(1) of the amended Traditional Markets Act (hereinafter referred to as the "instant provision") was irrelevant to the former Traditional Market Act, i.e., the state-owned and public land area in the relevant business area should be more than 1/2 of the total area of land in order to become a market improvement project.

The Gyeonggi-do Market Improvement Project Deliberation Committee, which deliberated on the selection of the market improvement project implementation zone and the approval of the project promotion plan according to the re-recommendation of the above sub-committee market, is insufficient to implement the commercial revitalization plan and the tenant compensation plan on November 2, 2009.