1. The Defendant’s disposition of denying the establishment of a pharmacy against the Plaintiff on October 13, 2016 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On September 22, 2016, the Plaintiff, a pharmacist, concluded a lease agreement with C and three other companies on the 66.27 square meters of the first floor of the 2nd underground floor and the 10th floor of the 10th floor (hereinafter “instant building”). On October 11, 2016, the Plaintiff filed an application for registration of the establishment of a pharmacy with the name of “D pharmacy” (hereinafter “instant pharmacy”) with the business size of 46.24 square meters to the Defendant.

B. On October 13, 2016, the Defendant rendered a non-registration for the establishment of a pharmacy to the Plaintiff on the ground that “the place where the pharmacy is to be established cannot be deemed to be independent of the spatial and functional relationship with the E Hospital (hereinafter “instant hospital”), and thus, it constitutes a case where the establishment of a pharmacy is within the facility or premises of a medical institution under Article 20(5)2 of the Pharmaceutical Affairs Act.”

(hereinafter “Disposition in this case”). / [Ground of recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 2, 3, and 6, Eul’s evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant pharmacy and the instant hospital are sufficiently and functionally independent, and the location to establish a pharmacy is not “the facility or premises of a medical institution,” and thus, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. The facts of recognition are as follows: (1) Details of the change of the purpose of use of the 1st floor on the ground of the instant building and the current status thereof are as follows; (2) details of the change of the purpose of use on the ground of the instant building: (a) business facilities (financial business establishments) on May 14, 2013; (b) business facilities on April 4, 2016; (c) business facilities of 355.18 square meters (financial business establishments); and (d) business facilities of 1st class neighborhood living facilities (retail stores) of 328.82 square meters (retail stores) on the first class neighborhood living facilities (retail stores) of 39 square meters in 1st neighborhood living facilities (retail stores) of 31.8 square meters in 31.8 square meters in 1st neighborhood living facilities (retail stores) of 46.24 square meters in 179.67 square meters in 179 square meters in 179.67 square meters in the structure of the instant building (re of 1st floor).