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(영문) 서울고등법원 1983. 3. 2. 선고 82구514 판결

[영업허가취소처분취소][판례집불게재]

Plaintiff

Kim Jong-soo (Attorney Won-sung et al., Counsel for the plaintiff-appellant)

Defendant

The Head of Yeongdeungpo-gu

Conclusion of Pleadings

February 9, 1983

Text

The defendant's disposition of revocation of business permission against the plaintiff on June 24, 1982 shall be revoked.

Litigation costs shall be borne by the defendant.

Purport of claim

The same shall apply to the order.

Reasons

The defendant issued a business permit for the above 1982.6.24. The above part of the 1st half of the building was not in dispute between the parties, Gap evidence 1, 2-1, 4 (the surface of the permit and the side), 5 (the same as Eul evidence 4), 1-1, 2-1, 3-1, 2-1, 4 of the above 1-2, 5-2 of the above 1-2 of the building's 1-2 of the 2-14-2 of the 1-6-2 of the 1-2-2-14-2 of the 1-2-2-2-14-2-14-2 of the 1-2-3-2-14-2 of the 1-2-3-2-14-2 of the 1-2-3-3-2-14-2 of the 1-2-3-3-3-3-14-2 without permission, and the remaining part of the 1-2-2-2-3-3-3-14-2-3-3 without permission.

However, it is difficult to recognize that the above part of the 12th square meters of the above 12th square meters of the permission is included in the 10th square meters of the above 7th square meters of the above 12th square meters of the above 10th square meters of the above 3th square meters of the above 10th square meters of the building alone, and each part of the evidence No. 1-1, No. 2-1, No. 3 and No. 3-2 of the above 3th square meters of the above 4th square meters of the above 3-1, and the above 7th square meters of the above 7th square meters of the above 7th, the above 4th square meters of the above 4th square meters of the above 4th square meters of the above 2th square meters of the facility's order for the reason that the above 2th square meters of the above 2th square meters of the facility's order for the reason that the above 4th square meters of the facility's order for the above 2nd.

However, the defendant further argued that the permission for business of this case was legitimate because the 7th of the 12th of the 12th of the 12th of the 12th of the 12th of the 12th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 12nd of the 2nd of the 2nd of the 12nd of the 2nd of the 2nd of the 12nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3nd of the 2nd of the 3nd of the 3nd of the 3nd of the 3rd of the 3rd of the 3rd

If so, the plaintiff's claim for revocation is legitimate, and it is so decided as per Disposition with the burden of the defendant who is the losing party.

may 2, 1983

Judges Yoon Young-young (Presiding Judge) Kim Ho-hoon