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(영문) 광주고등법원(전주) 2019.05.01 2018누1928
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

The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff's assertion in the court of first instance under Paragraph (2) below, and thus, it is acceptable to accept this case as it is in accordance with Article 8 (2) of the Administrative Litigation Act

The summary of the plaintiff's argument as to the addition of the plaintiff's assertion is that the plaintiff has operated the business place in a larger area than the reported business area for a period exceeding 20 years, and the defendant was well aware of this fact. Nevertheless, the defendant did not unlawfully regulate this, and rather, the defendant concluded a loan agreement with the plaintiff with regard to the maintenance of the military that the plaintiff used as part of the business place and received the fees from the plaintiff. Thus, the defendant impliedly approved the alteration of the plaintiff'

Therefore, the instant disposition based on the Plaintiff’s failure to report the change in the area of the Plaintiff’s place of business is unlawful.

Judgment

According to the purport of Gap evidence Nos. 3 and Eul evidence Nos. 9 (including the provisional number) and the whole pleadings, it is recognized that on December 30, 2004, the Plaintiff’s husband, the Plaintiff’s husband, lent 60m2 from December 30, 2004 to December 31, 2005, 200m2 of the D site No. 254m2 from the 254m2 to the 31st of December, 2005, the Plaintiff used the above site as part of the site; the above loan agreement was renewed by 2014, and terminated by the Defendant on December 31, 2014; and until then, the Defendant did not control or have any problem about the change of the Plaintiff’s business area (extension).

However, according to the evidence above, the purpose of use of the leased property is not the "store" or "living facilities adjacent to a store", and the person who borrows the loan from the above loan agreement can not alter the purpose of use of the leased property at his/her discretion (Article 7). When the loan period expires or the loan contract is terminated, the leased property shall be leased.

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