영업허가취소처분취소
1. The Defendant’s revocation of business permission against the Plaintiff on April 9, 2014 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the instant disposition
A. On August 20, 2013, the Plaintiff: (a) decided to run a danran business on the first floor (hereinafter “instant place of business”); (b) applied for permission to run a danran business on the ground of the first floor (hereinafter “instant place of business”); and (c) applied for permission to run a danran business from the Defendant on August 27, 2013; and (d) operated a danran business under the trade name “C” from around that time.
B. On March 20, 2014, the Defendant confirmed that the instant building is a Class-II general residential area and is unable to conduct an entertainment business pursuant to Article 76 of the National Land Planning and Utilization Act and Article 71 of the Enforcement Decree of the same Act, and received a reply from a legal adviser to the effect that he/she may ex officio revoke the said business license on the defective administrative act from the legal adviser. On April 9, 2014, the Defendant issued a disposition to revoke the said business license on the ground of the Plaintiff’s violation of Article 76 of the National Land Planning and Utilization Act and Article 71 of the Enforcement Decree of the same Act (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 8, Eul evidence 1 through 6, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that, before filing an application for permission to conduct the danran business, the Plaintiff was allowed to conduct business as a result of questioning the Defendant’s employee in charge, but the area of the instant place of business should be less than 150 square meters, and completed the construction by requesting the design to the design office. The Defendant’s public official visited the site on two occasions and visited the site, and then the Defendant issued the permission to conduct the danran
In other words, relevant public officials, such as public officials in charge of the initial guidance for civil petition, public officials in charge of correction of the building ledger, public officials in charge of business permission, etc., are Kran bar business at the place of business