1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

Around December 9, 2007, the deceased C (hereinafter “the deceased”) obtained permission for the use (E; hereinafter “instant store”) with respect to the land size of 10.2 square meters (hereinafter “the instant store”) from the Defendant on 34th, 1, 10.2 square meters (from September 7, 2007 to September 6, 2010), and the period of use was renewed by obtaining a reuse permission from the Defendant on August 31, 2013 to August 30, 2016 from August 31, 2013.

The plaintiff is the wife of the deceased.

On June 10, 2016, upon the death of the deceased, the Defendant sent to the Plaintiff and the president of the market of the instant case a public notice of “information on the permission to use the market of the instant case” to the following contents:

2. A person who is operating the store of this case shall not continue to operate the business due to the death of the plaintiff.

Therefore, pursuant to Article 13(2) of the Seocheon-gun Ordinance on the Establishment and Operation of Traditional Markets (hereinafter “instant Ordinance”), a person who is permitted to use a traditional market shall be succeeded to the business and operate the business.

3. Therefore, if a person is to obtain the permission to use a store in compliance with the permission to use the store, the person would apply for the permission to use the store in this case by July 30, 2016, which is one month before the expiration of the permission period for use of the store in this case.

4. If there is no person entitled to succeed, the store of this case should be selected as a new user through the open lottery, and the store will be arranged by August 30, 2016, which is the expiration date of the permission for use of the store of this case.

On July 13, 2016, the Plaintiff filed an application with the Defendant for permission to use the pertinent market (hereinafter “instant application”). However, on July 15, 2016, the Defendant rendered a disposition rejecting the application (hereinafter “instant disposition”) against the Plaintiff for the following reasons.

3. According to Article 4(7)1 of the Ordinance, a person who intends to use a permanent market shall have his/her domicile in Seocheon-gun as of the date of application and shall continue to reside for at least one year from the date of application.