과징금부과처분취소
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.
1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the Plaintiff’s assertion as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
[The plaintiff basically repeats the same argument in the first instance court, and even if the plaintiff newly submitted the statement of Gap evidence Nos. 13 through 18 (including paper numbers), the first instance judgment is justifiable]
2. Additional determination
A. The Plaintiff’s assertion was made against the illegal extension of the building of this case without notifying the Plaintiff of the fact that the area of the place of business was illegally extended at the time of business succession. The Plaintiff’s assertion was unlawful by failing to inform the Plaintiff of the fact that the owner of the building of this case was illegal extension, and the Plaintiff did not know of the illegal extension of the area of the place of business, and the instant disposition was unlawful.
B. According to Article 37(4) of the Food Sanitation Act, Article 21 subparag. 8, and Article 26 subparag. 4 of the Enforcement Decree of the same Act, where a person who has reported his/her business intends to operate a general restaurant business, or where he/she intends to modify important matters, such as the area of the relevant business place, etc., he/she shall report it to the head of the Gu, etc., and Article 75(1)7 of the Food Sanitation Act provides that a business operator may revoke his/her business license or suspend all or part of the relevant business for a fixed period not exceeding six months, and Article 39(1) of the Food Sanitation Act provides that the transferee shall succeed to the status
The purpose of the above duty to report and the cancellation of permission, etc. is to make business subject to reporting without reporting, or the area of the relevant business place.