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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Grounds for entering this case in this case by the court of the first instance, and ground of appeal No. 2 of the judgment of the first instance.
C. 1) The reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the dismissal as follows. As such, the part 1) as to the first argument was in the position of the Plaintiff to perform the maintenance and management business for A at the time of the instant disposition, and whether the instant disposition violated the Plaintiff’s above status.
As seen earlier, the Plaintiff established a store owner who purchased A’s store and obtained permission for market establishment from the Defendant pursuant to the former Wholesale and Retail Business Promotion Act (wholly amended by Act No. 4889 of Jan. 5, 1995), and was legally able to maintain and manage A by being designated as a market manager.
The Act was amended on January 5, 1995, and according to the revised Act, the market founder shall perform the duties concerning the matters necessary for the maintenance and management of the market, but in case where the market founder sells the area exceeding 1/2 of the total store area, the person falling under each subparagraph of Article 12(1) shall succeed to the status of the market founder, and the person designated as the market manager shall be regarded as the successor to the status of the market founder.
In the case of the plaintiff, since the tenant who purchased each store before the permission to open the market was granted, the issue of succession to the status of the market founder under Article 12 (1) of the above Act was not likely to arise (see Supreme Court Decision 97Nu18783, Jun. 26, 1998). The plaintiff still succeeded to the status of the market founder and continued to maintain and manage A.
However, the wholesale and retail Business Promotion Act was abolished on April 1, 1997.