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(영문) 대구지방법원 2018.12.19 2018구합1055
하양공설시장 사용허가취소처분취소 등
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1. The part requesting the revocation of the return of the report on the change of the category of store among the lawsuit in this case shall be dismissed;

2...

Reasons

1. Details of the disposition;

A. On July 24, 2017, the Plaintiff is entitled to the “Ordinance on the Establishment and Operation and Management of the Market in Busan Metropolitan City” (hereinafter “Ordinance of the Si in Busan Metropolitan City”) from the Defendant.

(E) Pursuant to Article 5(1), the goods for sale (hereinafter referred to as “representative goods”) with respect to “A market” stores located in Simsan-si (E market) pursuant to Article 5(1).

(2) Around July 28, 2017, the Plaintiff opened a general restaurant with the trade name “G” at the said store, and the period of use was determined from July 24, 2017 to December 31, 2018.

9.8. From August 1, 200, the business began.

3) The Defendant was delegated with the authority to take measures, such as the permission for use and cancellation of the A market, the imposition, collection, and exemption of user fees, the order of installation of public interest to users, and other matters pursuant to Article 23 of the Ordinance on the Gyeongsan City and Article 2 [Attachment Table] of the Ordinance on the Delegation of Administrative Affairs from the Gyeongsan City. The Defendant’s first corrective order, on November 10, 2017, issued a corrective order to the Plaintiff on the ground that “The Defendant continuously sold items other than the permitted representative items (c) in the A market, resulting in conflicts among merchants by continuously impairing the representative items of other stores in the A market and disturbs the order of the market.” The Defendant’s order of correction was issued to the Defendant on November 27, 2017, on the ground that “the Plaintiff’s order of rejection of a report on the change of the business type (type)” changed the representative items into the A market’s “dive items, the Ocadic items, the Acad items (M).

2. However, the defendant reported on December 6, 2017 to the plaintiff, with the aim of establishing order in commercial transactions in traditional markets and revitalizing the market in accordance with the "A market management and operation agreement" among the items of stores, which are sold at different stores.

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