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(영문) 서울행정법원 2020.12.18 2019구합81063
시설개수명령 처분 취소 청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff (formerly, Co., Ltd.) is a stock company established on August 17, 2018 for the purpose of liquor sales business, entertainment business, and club operation business, and the size of the amusement facilities among the 1st floor underground floor of the Gangnam-gu Seoul Metropolitan building, the size of which is 436.08 square meters, and the size of the second-class neighborhood living facilities is 194.16 square meters. At present, the permitted area of the instant place of business is 290.78 square meters, part of the amusement facilities.

In this case, the term “D” club (hereinafter “instant business establishment”) is operated.

B. On November 30, 1999, the Defendant rendered a new permission (F) for the instant business office to engage in food service business and entertainment tavern business in the form of business.

On January 4, 2019, the Plaintiff succeeded to the business status of G and H, who succeeded to the status of the instant business establishment, and changed the name of the business establishment into “A”. On April 26, 2019, the Plaintiff changed the name of the business establishment to “D” and changed the Plaintiff’s representative to “I”. On May 31, 2019, the Plaintiff changed the Plaintiff’s representative to J and reported the change to the Defendant at the time of each change.

C. On April 26, 2019, the chief of Gangnam chief of the fire station verified safety facilities, etc. in accordance with Article 9(5) of the Special Act on the Safety Control of Publicly Used Establishments and Article 11(2) of the Enforcement Rule of the same Act, and issued a complete certificate (K) of safety facilities, etc. that prove that the establishment was in conformity with Article 9 [Attachment 2] of the Enforcement Rule of the same Act.

In the process of issuing the above complete certificate, the chief of Gangnam fire station requested the plaintiff to separate the part of amusement facility from the part of amusement facility.

(hereinafter referred to as “section 1” and “section 2” of the underground floor of C building for convenience. The Plaintiff, upon the said request, installed a passage not less than 120 cm between the first and the second parts and separated the said parts.

I (the plaintiff was the representative of the plaintiff as an internal director at that time).

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