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(영문) 광주고등법원(전주) 2016.06.27 2015누887
동부시장 시장정비구역 지정해제거부취소 등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Appeal.

Reasons

1. Basic facts

A. On June 21, 1997, the Administrator of the Small and Medium Business Administration: (a) the former Act on Special Measures for Supporting the Structural Improvement and Managerial Stabilization of Small and Medium Enterprises (amended by Rule 3 of the former Act on Special Measures for Supporting the Structural Improvement of Small and Medium Enterprises, Act No. 6639, Jan. 26, 2002; (b) the former Act on Special Measures for Supporting the Structural Improvement and Managerial Stabilization of Small and Medium Enterprises as "the Act on Special Measures for Supporting the Structural Improvement and Managerial Stabilization of Small and Medium Enterprises," and (c) the former Act on Special Measures for Supporting the Structural Improvement and Managerial Stabilization of Small and Medium Enterprises as "the Act on Special Measures for the Structural Improvement of Small and Medium Enterprises and Managerial Stabilization of Traditional Markets," and (d) the former Act on Special Measures for the Structural Improvement and Vitalization of Traditional Markets of Small and Medium Enterprises as "the Act on Special Measures for the Improvement of Small and Medium Enterprises".

The Act on the Vitalization of Small and Medium Enterprises was repealed by Article 3 of the Addenda to the Special Act on the Development of Traditional Markets (Act No. 7235 of Oct. 22, 2004). The Act was amended by the former Special Act on the Development of Traditional Markets and Shopping Districts (Act No. 7945 of Oct. 29, 2006). The Act was partially amended by Act No. 9887 of Dec. 30, 2009 and its legal name was changed to the Special Act on the Development of Traditional Markets and Shopping Districts.

The Special Act on the Development of Traditional Markets (hereinafter referred to as the "Special Act on the Development of Traditional Markets") is referred to as the "General Act on the Development of Traditional Markets", and the Special Act on the Development of Traditional Markets and Shopping Districts

Pursuant to Article 6(1) of this Act and Article 5 of the Enforcement Decree of the same Act, the site of this case was selected as a project zone for the reconstruction of a market (after that, the Traditional Market Development Act has changed to the designation of a project zone for the reconstruction of a market, but no distinction is required; hereinafter referred to as "the selection of this case") and publicly announced

B. A reconstruction association composed of A merchants (hereinafter “instant association”) shall consist of 222 members on July 31, 1997, consisting of 222 members.

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