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(영문) 광주고등법원(전주) 2017.06.26 2016누2132
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the parts described in paragraph (2) below, and thus, the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts to be dried;

A. According to the fifth sentence of the judgment of the court of first instance, the 13th sentence “The video of the evidence No. B 5” shall be written “B and the video of the evidence No. 5 and 6”.

B. Part 6 of the first instance judgment, part 11 of the first instance judgment and part 15 of the “n't take part in the “n't take part,” as follows.

【On the other hand, in light of the Defendant’s attitude that the Plaintiff, as seen above, did not impose any specific sanctions on nonperformance of the obligation to report the change in the size of the restaurant for a considerable period of time, and lent the site, there is room for the Plaintiff to believe that the Defendant would not have any problem with the Defendant’s failure to report the change in the size of the Plaintiff’s business site. However, in light of the fact that the Plaintiff operated the restaurant for a long time exceeding the originally reported area but did not report the change in the size of the business site, the Plaintiff could not be allowed to operate the restaurant by arbitrarily expanding the restaurant. Considering the fact that the Plaintiff could have been aware that it was not permitted to operate the restaurant by arbitrarily expanding the restaurant, the Plaintiff appears to have been operating the restaurant in an unlawful manner without actively regulating it. Accordingly, it is difficult to deem that the Plaintiff’s assertion is not attributable to the Plaintiff’s trust. Accordingly, this part of the Plaintiff’s assertion cannot be accepted.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is this.

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