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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. On May 30, 2014, in the first instance trial, the Plaintiff sought revocation of the allocation disposition with respect to the area used in the old-dong auction market at Daejeon Central Office and the stock company on May 30, 2014, the revocation of the distribution disposition, the revocation of the distribution disposition, the second preliminaryly sought revocation of the rejection disposition with respect to the Plaintiff on April 17, 2014, and the third preliminary revocation of the rejection disposition with respect to the Plaintiff’s application for use in the area used in the old-dong auction market. The first instance court dismissed the Plaintiff’s primary claim and accepted the first preliminary claim.
As the defendant appealed only to the first preliminary claim of the plaintiff, the scope of this court's trial is limited to the first to the third preliminary claim of the plaintiff.
2. Details of the disposition;
A. The Trade Union and Labor Relations Commission (hereinafter “instant wholesale market”) is a wholesale market designated by Article 2 subparag. 7 of the former Act on Distribution and Price Stabilization of Agricultural and Fishery Products (amended by Act No. 6699, May 13, 2002; hereinafter “former Act on Distribution and Price Stabilization of Agricultural and Fishery Products”) around July 2001, pursuant to Article 2 subparag. 2 and subparag. 3 of the former Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “former Act on Distribution and Price Stabilization of Agricultural and Fishery Products”).
According to Article 6(1) and attached Table 3 of the Daejeon Metropolitan City Ordinance on the Management and Operation of the Agricultural and Fishery Products Wholesale Market (hereinafter referred to as the "Ordinance on the Operation of Wholesale Market"), two wholesale market corporations may be established in the business section of the wholesale market in this case, and only the Plaintiff and the Daejeon Central Office are designated as a wholesale market corporation of the category of Cheongju from the time of opening the wholesale market in this case.
B. The Daejeon Central Office and the Plaintiff agreed on October 26, 200 to distribute the area as follows, although there was a dispute between the Daejeon Central Office and the Plaintiff due to the distribution of the area at the time of opening the instant wholesale market.
Matters concerning implementation agreements between corporations;
7. Distribution of agricultural and fishery products;