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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Details of the disposition;
A. In order to recover the function of the wholesale market through the increase in the volume B of high quality intermediate transactions, the Defendant, around March 2015, followed by promoting new permission for intermediate wholesale business. Around March 2015, the Defendant carried out the procedures for new publication and receipt of application documents for intermediate wholesalers. The Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as “party, etc.”) filed an application for new permission for intermediate wholesale business with the Defendant.
B. On April 2015, the Defendant recommended the Plaintiff (Appointed Party), etc. to obtain new permission for intermediate wholesale business in compliance with the conditions of the permission for intermediate wholesale business from the Committee for Review of Intermediate wholesalers of the Agricultural and Fishery Food and Agriculture Corporation, but decided to close and move the existing C Wholesale Market in consideration of the efficiency of the use of the site due to a sudden decline in trading volume and functional decline in the C Wholesale Market, sudden change in the distribution environment, etc. and notified the Plaintiff (Appointed Party) of the intention to suspend the new permission for intermediate wholesale business in accordance with the plan for the relocation of the C Wholesale and Food Corporation.
(hereinafter “instant disposition”). C.
On December 22, 2015, the Plaintiff (Appointed Party) et al. appealed to the instant disposition and filed an objection to the Defendant seeking new permission for intermediate wholesale business (hereinafter “instant objection”); and the Defendant notified the Plaintiff (Appointed Party) et al. of the decision that the instant objection cannot be accepted.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number for a tentative number), Eul evidence 1, and the purport of the whole pleadings
2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
The object of a revocation suit as prescribed by the Administrative Litigation Act shall be the exercise of public power by an administrative agency as an enforcement of law with respect to a concrete fact, its refusal, and other related matters.