영업신고취소처분 취소의 소
1. The revocation of the business report made by the Defendant to the Plaintiff on October 24, 2016 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Details of the disposition
On April 209, B, the husband of the Plaintiff, changed its lot number to D, according to a survey on the current status of the building on the ground (hereinafter “instant land”), which was located on the wooden-gun, Gangwon-do, Gangwon-do, (hereinafter “instant land”) and reported the change of the use of the existing building (i.e., the purpose: neighborhood living facilities, area: 23.36 square meters; hereinafter “existing building”) (i.e., the structure: wood panel, area: 23.36 square meters): 23.36 square meters; (ii) report on the change of the use of the existing building (i.e., the structure: wood panel, area of the second neighborhood living facilities (general restaurant), area of the building: 68.08 square meters) (hereinafter “instant building”).
On April 6, 2009, the defendant accepted the above building (extension) report and issued the certificate of completion of report.
Around that time, the Plaintiff reported the instant building to the Defendant as a food service business (general restaurant), and the Defendant accepted the said business report.
On September 22, 2016, the Defendant notified the following: (a) on the ground that the instant land was a preserved mountainous district, the use of general restaurants is impossible; (b) the Defendant revoked a construction report made on April 6, 2009 pursuant to Article 79(1) of the Building Act (hereinafter “disposition of revocation of a construction report”); and (c) the Defendant notified the Defendant of the measures to “the partial cancellation of a building register of 68.08 square meters among Class 2 neighborhood living facilities on the first floor, Type 2 neighborhood living facilities
On October 24, 2016, the Defendant rendered an ex officio revocation of the above business report on the ground that the above business report was revoked to the Plaintiff (hereinafter “instant disposition”).
The Plaintiff filed an administrative appeal against the instant disposition, and the Gangwon-do Administrative Appeals Commission dismissed the Plaintiff’s claim on February 13, 2017.
【Ground for recognition” has no dispute, Gap's 1 through 6 evidence, Eul's 2 evidence (including branch numbers), and the whole purport of pleading are as shown in the attached Form of relevant Acts and subordinate statutes.
The plaintiff's assertion on the legitimacy of the instant disposition is asserted by the parties.