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(영문) 서울행정법원 2021.03.18 2019구단69073
영업정지처분 등 취소청구
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On August 17, 2018, the Plaintiff is a company established for the purpose of entertainment business, general restaurant business, etc.

On June 7, 2019, the Plaintiff succeeded to the status of the general restaurant operator in the trade name, “D,” the business of which was reported, with the part of 123.95 square meters of the first floor of the building underground in Gangnam-gu Seoul Metropolitan Government, as a place of business, from June 7, 2019 (from April 5, 2019 to May 23, 2019) (hereinafter “instant restaurant”).

On May 27, 2019, the above restaurant reported new business on May 27, 2019. On June 7, 2019, “D” changed from “D” to “E”. On September 9, 2019, the Defendant issued an order to repair the instant restaurant on the ground that (i) the Plaintiff permitted customers to dance in the instant restaurant on July 5, 2019 and August 2, 2019; (ii) on the ground that the instant restaurant did not separate other types of business and facilities, and (iii) on the ground that the Plaintiff received an order to repair the instant building from the business operator on the ground that the instant restaurant did not inherit the said part of the entertainment facility’s business license on January 4, 2019, and (iv) the Plaintiff received the said portion of the entertainment facility’s business license from the said business operator on the ground that it did not take place.

The Plaintiff changed the trade name on April 26, 2019 to H. The Plaintiff’s representative was changed to B ( April 26, 2019) and I ( May 31, 2019) in succession (hereinafter “instant entertainment shop”). The instant restaurant (123.95 square meters on the first floor of the C building) of the instant entertainment shop (290.78 square meters on November 30, 2019): The Plaintiff’s succession to the business status on January 4, 2019: F and G Plaintiff’s representative on April 26, 2019: The Plaintiff’s change to the Plaintiff’s representative on May 27, 2019 between the instant case and the Plaintiff’s change to the status of the proprietor on May 27, 2019.

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