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(영문) 서울행정법원 2016.05.12 2016구합865

영업소폐쇄처분취소

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1. The Defendant’s disposition of closing his/her place of business on November 17, 2015 is revoked.

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

Reasons

1. Details of the disposition;

A. On March 5, 2009, on March 5, 2009, the Plaintiff’s wife B reported to the Defendant that the Defendant will engage in food service business (general restaurant business) by using the name of business as “C” and the business location as “one floor on the ground of the Seoul Jung-gu D ground.

(2) On August 6, 2012, the business name was changed to “E” and the business operator changed to “Plaintiff” in relation to the instant business report, and on February 5, 2013, the business operator changed to “B”.

B. On July 24, 2015, the Defendant issued a prior notice to request the Defendant to present at the hearing on August 7, 2015 and present his/her opinion by August 7, 2015, in order to take a disposition to close the place of business on the ground that he/she suspended business for at least six months without justifiable grounds in relation to the instant business report.

C. On July 30, 2015, the Plaintiff reported that the Plaintiff succeeded to the status of B in relation to the instant business report, attaching “written confirmation of transfer and takeover” between B and the Plaintiff on the same date, to the Defendant.

Therefore, the business operator of the instant report on the same day was changed to a “Plaintiff”.

On August 3, 2015, the Plaintiff sent to the Defendant a letter of opinion submission stating that “The reason why the Plaintiff was unable to operate his/her business is that the building owner’s illegal construction act, business act, and the Defendant’s neglect to repair the building.”

Around August 4, 2015, the Defendant sent a reply to the Plaintiff, stating that “The Plaintiff’s submission of the Plaintiff’s opinion is reasonable, and thus the disposition of closure of the necessary business office is suspended for a necessary period.”

E. The Defendant, around October 27, 2015, from January 22, 2015, in relation to the Defendant’s prior notice of July 24, 2015, from the instant business office to the Plaintiff’s prior notice of July 24, 2015.

7. up to 23.