영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. A. Around January 2015, the Plaintiff filed a business report with the Defendant that the name of the business office is “B”, “Seoul Dongdaemun-gu C building, “Seoul 1-story Dho (hereinafter “instant building”)”, and “4.14 square meters of business site area” and “public restaurant business (general restaurant business).”
B. The first floor of the instant building is registered separately with multiple stores. On March 2016, the Plaintiff occupied and used the entire first floor above to the Defendant on the ground that around March 2016, the Plaintiff occupied and used the entire first floor above.
As described in the paragraph, the business report was intended to change the area of the place of business reported to 886 square meters.
However, on the ground that the public official in charge of the Defendant’s public official is serious from some sectional owners of the first floor underground of the instant building, he/she expressed his/her intention not to accept the report of change unless he/she additionally submits a report of change of business matters with the content of changing the area of the place of business into 886 square meters. On March 14, 2016, the Plaintiff reported the change of the content of the first floor underground of the instant building into 516.08 square meters by adding part of the area of the place of business to the area of the place of business, along with the lease agreement concluded with some sectional owners of the first floor underground of the instant building.
(hereinafter referred to as the “instant restaurant”) a restaurant operated by the Plaintiff pursuant to the said business report.
around 14:10 on August 25, 2017, the Defendant was aware that the instant restaurant had not filed a report on modification despite the fact that the entire first floor of the instant building was located in its place of business and extended to approximately 370 square meters than the “516.08 square meters” which is the originally reported place of business. On September 15, 2017, the Defendant was partially amended by Act No. 15943, Dec. 11, 2018 by the former Food Sanitation Act on the ground that “the Plaintiff violated the report on the change of the size of the place of business (the first violation).”