2. The costs of the lawsuit are assessed against the defendant.

On December 2, 2016, the Defendant rendered a provisional disposition on the establishment of a pharmacy (hereinafter “instant disposition”) to the Plaintiff on the ground that there was a passage between a medical institution and a pharmacy, such as an exclusive corridor, stairs, elevator, etc., under Article 20(5)4 of the Pharmaceutical Affairs Act.

[Ground of recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The passage between the Plaintiff’s assertion and the Plaintiff’s claim regarding the instant petition is a passage used by E party clubs, Fcarfs, and G singing practice room users, and thus, it is not an exclusive passage between medical institutions and pharmacies.

B. The Defendant’s assertion E-gu club and FFC’s business owner, as a real estate consulting business entity, was asked about whether a pharmacy was possible to be established at the instant application site; H’s acquisition of the right to operate the E-gu club and commencement of the F.C. business; and H’s opening of the G K-kinging practice room on November 2016, immediately before the instant disposition; the E-gu club and G King practice room was low; the owner of the F.C. and the owner of the instant application site; the E-gu club and G King practice room are the same; the E-king and G singing practice room did not open a door to a low level; the F.C., E-M club and G singing practice room are no facilities ordinarily used by the general public; or it is a disguised business facility.

The application of this case is within a two-meter distance between Dneina and Dneina and the passage, and due to the appointment of the members of I and J in the place of the application of this case, the passage prior to the application of this case constitutes an exclusive passage between medical institutions and pharmacies.

3. Determination

(a) facts of recognition A, 3 to 8, 12, .