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(영문) 수원지방법원 2017.05.17 2016재구합1016
담배소매인지정처분취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff for retrial.

purport, purport, and.

Reasons

1. The following facts are apparent in the records of the judgment subject to a retrial:

On April 10, 2015, the Plaintiff: (a) operated a mutual convenience store of “D” at a store of 101 Sinwon-si, Suwon-si, and (b) operated a mutually convenience store of “E” at the store of 104, the Plaintiff issued a public announcement on the application for designation as tobacco retailers pursuant to Article 7-2 of the Enforcement Rule of the Tobacco Business Act (hereinafter “instant public announcement”); (c) according to the instant public announcement, the Plaintiff and the Plaintiff filed an application for designation as tobacco retailers with the Defendant on April 20, 2015.

B. On April 28, 2015, the Defendant notified the Plaintiff and the Review Plaintiff of an open lottery for the designation of tobacco retailers pursuant to Article 7-2(1) of the Enforcement Rule of the Tobacco Business Act and Article 7(1) of the Rules on the Criteria, etc. for Designation of Tobacco Retailers.

(hereinafter “the instant notification”). The Plaintiff, according to the instant notification, went to the statistics work room (second floor) in the area where the said open lottery was located on April 30, 2015, the date and time of the said open lottery pursuant to the instant notification, but the said open lottery procedure did not proceed.

C. On May 1, 2015, the Defendant respectively designated the Plaintiff as a tobacco retailer under Article 7-3(2) of the Enforcement Rule of the Tobacco Business Act (hereinafter “non-retailer”) and as a tobacco retailer under Article 7-3(1) of the Enforcement Rule of the Tobacco Business Act (hereinafter “general retailer”) against the re-appellant.

(hereinafter collectively referred to as "each of the instant designation dispositions", and among them, the designation of a retailer as a non-retailer as to the Plaintiff and the designation of a general retailer as to the re-retailer as to the Plaintiff. (d)

On July 22, 2015, the Plaintiff filed a lawsuit seeking revocation of each of the instant designated dispositions in this Court 2015Guhap6807.

Accordingly, this Court is against the plaintiff on June 23, 2016.

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