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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to the building on the ground B in Busan Jin-gu, Busan, a Co., Ltd. (hereinafter referred to as “new CD-ROM”) owns the building indicated in paragraph (1) of the annexed Table 1, and the building indicated in paragraph (2) of the annexed Table 1 (hereinafter referred to as “Seoul Heung Construction”) owns each part of the building.
B. On December 11, 2012, the Plaintiff leased 301 out of the 3rd floor of the building part of the attached Table 1 List 2 (hereinafter “instant business establishment”) from Southern Construction, and reported the business of food service (general restaurant) to the Defendant on February 7, 2013, and operates the general restaurant business in the trade name of “C”.
C. On January 9, 2015, the Defendant received a civil petition from a new CD to the effect that the instant business establishment requires an investigation on the grounds that groundwater for living is used as drinking water and operated as drinking water. On January 12, 2015, the Defendant confirmed that the Plaintiff visited the instant business establishment and used groundwater for cooking, etc., but failed to undergo an inspection by a water quality testing institution under Article 43 of the Drinking Water Management Act, and accepted the Plaintiff’s opinion that the Plaintiff wishes to be subject to a disposition of penalty surcharge in lieu of the suspension of business after undergoing the procedure of prior notification of disposal and submission of opinions, and on March 4, 2015, the Plaintiff was subject to a disposition of penalty surcharge on March 4, 2015 (Amended by Act No. 14022, Feb. 3, 2016; hereinafter “former Food Sanitation Act”) Article 75 of the former Food Sanitation Act and Article 89 [Attachment 160, 2015] of the former Enforcement Rule of the Food Sanitation Act (hereinafter “former Food Sanitation Act”).
D. D.
Accordingly, the Plaintiff filed an administrative appeal against the first disposition on March 16, 2015, and the Busan Metropolitan City Administrative Appeals Commission uses groundwater as a large building located in D where a building listed in attached Table 1 is developing a business district on April 21, 2015.