영업정지처분취소
1. Revocation of a judgment of the first instance;
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
1. Details of the disposition;
A. The Plaintiff C Co., Ltd. (the trade name before the change: J. hereinafter “Plaintiff C”) is a corporation operating the Seo-gu, Daejeon, K, L, M 12 above, and the 7th underground department stores (hereinafter “instant department stores”). The rest of the Plaintiffs are those engaged in resting restaurant business, food subdivision sales business, i.e., spot-sale manufacturing and processing business by leasing the second underground department stores from Plaintiff C.
B. During the period from June 20 to June 30, 2008, the Plaintiffs filed a report on business or a report on change of business reported (hereinafter “each of the instant reports”) with the content that each resting restaurant business, food subdivision sales business, is engaged in spot-sale food manufacturing and processing business as stated in the separate sheet No. 1 in the separate sheet of Disposition No. 1 at the second basement store of the instant department store, and the Defendant accepted each of the aforementioned reports.
C. However, on June 5, 2009, the defendant conducted on-site inspections on July 1, 2008 with respect to the plaintiffs, and as a result, the plaintiff's on-site inspections on July 1, 2008, the part of the connecting passage of N2 stories underground and hereinafter "the connecting passage of N2 stories underground" is "the connecting passage of N2 stories underground."
The business facilities are installed or part of the business site is installed in the above N (Ground second floor, connecting passage). The above N is installed in the Food Sanitation Act (wholly amended by Act No. 9432, Feb. 6, 2009; hereinafter the same applies).
Article 22 (Permission, etc. of Business) and the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Health, Welfare and Family Affairs No. 132 of August 12, 2009)
Article 27(4) of the Road Act (amended by Act No. 10156, Mar. 22, 2010); Article 38 (Occupation and Use of Roads) of the Building Act (amended by Act No. 9770, Jun. 9, 2009) and the Building Act (amended by Act No. 9770, Jun. 9, 200) are the same.
Article 2 (Use of Building) and Article 3-4 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 21528 of Jun. 9, 2009) (amended by Presidential Decree No. 21528 of the same Act).