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(영문) 대전지방법원 2015.03.19 2014구합103397
특화시장 변경사용거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 6, 2013, B: (a) the Defendant filed an application for permission to change the specialized market with the content that the licensee of the fishery Dong 9 (hereinafter “instant store”) located in the D market located in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, D market (hereinafter “instant store”); (b) the Defendant changed the licensee of the instant store from E to B on December 9, 2013 to B; and (c) the Defendant granted the permission to change the D market with the content that the licensee of the instant store changed from E to B.

On the other hand, the plaintiff was accepted on December 6, 2013 after filing a adoption report with both women B.

B. After that, on December 12, 2013, the Plaintiff filed an application with the Defendant for permission to change the D market from B to the Plaintiff on the grounds of health problems in B (hereinafter “instant application for succession”). The Defendant, on December 24, 2013, notified the Plaintiff of “the Plaintiff registered the Plaintiff’s family relationship as B for the purpose of succession, and the Plaintiff, which was originally used with the permission authority, obtained the permission for change (Succession) from B as of December 9, 2013, and then notified the Plaintiff of “the legal disapproval (re-permission)” in accordance with Article 4(2) of the Seocheon-gun Military Traditional Markets Ordinance on the Establishment and Operation of Traditional Markets.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, Gap’s evidence 1 through 3, Eul’s evidence 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The plaintiff's assertion

A. According to Article 28(1) of the Public Property and Commodity Management Act (hereinafter “Public Property Act”), the D market has become substantially general property rather than public property, and in the case of general property, it is possible to lend, sell, exchange, transfer, trust, or establish private rights. However, Article 13(1) of the Seocheon-gun Ordinance on the Establishment and Operation of Traditional Markets (amended by Ordinance No. 2214, Mar. 6, 2014; hereinafter “instant Ordinance”) provides that the right to use the market shall be loaned, sold, or sold to another person.

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