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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. The Plaintiff is a person who is operating a childcare center D in the Nam-gu Seoul metropolitan apartment.
B. On January 23, 2017, the Defendant approved the alteration of the location of the Nam-gu Seoul metropolitan G (hereinafter “instant disposition”) with respect to Nonparty B’s childcare center (former trade name F childcare center; hereinafter “instant childcare center”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The Defendant’s assertion that a person operating a day care center under the Infant Care Act and relevant laws and regulations requires authorization from an administrative agency in the course of establishing and operating a day care center is merely for the welfare of infants and children, not for protecting the operational interests of the operator of a day care center in competition.
Therefore, the plaintiff is merely a person who has an indirect or factual interest in the disposition of this case, and there is no standing to sue to seek revocation of the disposition of this case.
B. Even if a third party who is not the direct counter party of the 1 administrative disposition is not the party, if the interests protected by the law are infringed by the relevant administrative disposition, the party is entitled to be judged by filing a revocation suit.
The legal interest refers to the direct and specific interest protected by the law based on the relevant administrative disposition, and the case where a third party has an indirect or factual interest in relation to the relevant administrative disposition does not include the same.
In addition, the purpose of the Act, which is the basis of beneficial administrative disposition such as license, authorization, permission, etc., is to prevent unreasonable management due to excessive competition among the relevant business entities, is to realize other business entities' licenses, authorization, permission, etc.