2. The costs of lawsuit shall be borne by the Plaintiff.

A. On June 2, 2016, the Plaintiff entered into a lease agreement with the purpose of 403 square meters (hereinafter “instant store”) of the 4th floor among the instant building (hereinafter “instant building”) and the Seoul Jung-gu C-gu Seoul Metropolitan Government Building (hereinafter “instant building”) as a pharmacy. At that time, the Plaintiff filed an application for the registration of the establishment of a pharmacy at the instant store with the Defendant.

B. On July 1, 2016, the Defendant rendered a disposition rejecting the application for registration of the establishment of a pharmacy pursuant to Article 20(5)2 and 4 of the Pharmaceutical Affairs Act on the ground that the location of the instant store is a facility within the facility of a medical institution or premises and a medical institution and a pharmacy have an exclusive corridor installed between the medical institution and the pharmacy.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry in Gap evidence Nos. 1 and 4 (including paper numbers), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In addition to the hospital, the Plaintiff’s assertion that the instant building is located in the National Health Insurance Corporation and the restaurant, coffee shop, phrase store, etc.; the hospital located on the fourth floor of the instant building and the instant store are located in the wall and have no entrance between each other; the fourth floor of the instant building is already located independent of the structure and spatially independent; and the coffee shop, which is a public-use facility, is already located and operated outside the hospital and the instant pharmacy; the Plaintiff entered into a lease agreement independently regardless of the hospital of the fourth floor of the instant building; the establishment of a pharmacy is ordinarily established at a place adjacent to the hospital for the benefit of the pharmacy and the convenience of the hospital users; the third floor of the instant building, where another pharmacy is established on the third floor of the instant building, most of the instant third floor of the instant building, and the exclusive corridor or passage used by the instant pharmacy, and there is no relationship with the instant building operator, etc.