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(영문) 부산고등법원 (창원) 2018.07.25 2018누22
약국등록사항변경등록불가처분취소
Text

1. Revocation of the first instance judgment.

2. The change of the registered matters of a pharmacy against the Plaintiff on February 24, 2012 by the Defendant.

Reasons

1. Details of the disposition;

A. A. On January 18, 1992, B, who is a doctor, completed the construction of a 2-story building (hereinafter “existing 2-story building”) on the ground of 3 large 417 square meters wide and 417 square meters wide (hereinafter “Li”) and completed the registration of initial ownership on February 24, 1992.

From that time, the first floor of the existing second floor was used as the “M internal clinic” operated by the doctor M, and the second floor as the “Nental clinic” operated by B.

B. On October 20, 201, B donated the existing 2nd floor building from B, and on October 20, 201, C and D large 137 square meters and E large 572 square meters adjacent thereto were the site. The former 2nd floor building was extended to the 4th floor of the total floor area of 996.841 square meters (hereinafter “instant 4th floor building”). From around that time, the instant 4nd floor building was constructed as a single-story building of the area of 42 square meters (hereinafter “the instant 4nd floor building”). From that time, the instant 4th floor building, including “M medical clinic,” “N dental clinic clinic,” “Pbuine,” and “Pbuine,” the Plaintiff opened a pharmacy from December 16, 201 to the Defendant for the purpose of operating the instant 4th floor building.

In relation to the building of the fourth floor of this case on February 24, 2012, the Defendant constitutes Article 20(5)2 of the Pharmaceutical Affairs Act (in cases where a pharmacy is to be established in a place where the facilities or premises of medical institutions are located), and the establishment of the pharmacy constitutes subparagraph 3 of the same paragraph (in cases where a pharmacy is established by dividing, altering or repairing part of the facilities or sites of medical institutions), and the establishment of the pharmacy falls under subparagraph 4 of the same paragraph between the building of the fourth floor of this case and the building of the fourth floor of this case (in cases where a passage, such as an exclusive corridor, stairs, elevator or footbridge, etc., is installed or installed between medical institutions and pharmacies), the registration of modification of the establishment of the pharmacy is made.

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