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(영문) 대전지방법원 2012.02.17 2009구합2391

영업신고등 수리처분 취소처분의 취소

Text

1. The defendant on June 25, 2009 entered in the complaint on July 3, 2009 is the effective date of the disposition of this case.

Reasons

1. Details of the disposition;

A. On June 23, 2008, the Plaintiff (former: Dongyang department store) is a corporation operating the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, 1036, 1037, 1038, 12 above, and 7 underground-based department stores (hereinafter “instant department stores”); and on June 23, 2008, the Defendant engaged in livestock product sales business at the second underground department stores of this case.

(Transfer of a place of business from the underground floor to the underground second floor) filed a report on the change of the business (hereinafter “the report of this case”) with the content of the report, and the defendant accepted the report on June 26, 2008.

B. However, on June 25, 2009, the Defendant filed a false report on the change of business report with respect to the Plaintiff on the ground that “On-the-spot inspection conducted by the Plaintiff on the ground that the Plaintiff did not meet the requirements to report the change of business report under Article 24(2) of the Processing of Livestock Products Act (amended by Act No. 10219, Mar. 31, 2010; hereinafter the same shall apply) and Article 36(1)6 of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries No. 28, Aug. 20, 2008; hereinafter the same shall apply) on the ground that the report in this case is revoked ex officio (hereinafter “the instant disposition”).

[Grounds for recognition] The fact that there is no dispute, Gap 1 through 3, 12, 15, Eul 2 and 3 (including each number), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The plaintiff's assertion that the place of business is not limited to the provisions related to the Processing of Livestock Products Act, and the "intersection 3 of the 6th underground passage connecting the 2nd underground floor of this case" means the "intersection 3 of the 6th underground passage of this case.

The same applies below. The building is a building under the Building Act which is legally constructed and completed, and its use is a sales facility, and it is already a sales facility in entirety with the second underground floor of this case.