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(영문) 전주지방법원 2016.10.26 2016구단230
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 20, 1983, a general restaurant business report was filed first on July 20, 1983 with the trade name C, size of 74.70 square meters, and the Plaintiff succeeded to the business operator on June 12, 2008 and operated the frequency at the above place (hereinafter “instant restaurant”).

At present, the area of the place of business of the restaurant of this case reaches 230.39 square meters.

C. On April 21, 2015, the Defendant issued a corrective order on May 29, 2015, on the ground that the Plaintiff did not report the change in the size of the instant restaurant’s business.

However, upon the Plaintiff’s failure to comply with it, on July 31, 2015, the Plaintiff demanded to comply with the corrective order, on November 13, 2015, notified the Plaintiff in advance of the suspension of business, and on December 3, 2015, the Plaintiff issued a disposition of suspension of business on December 3, 2015 (from December 14, 2015 to December 20, 2015).

The Plaintiff filed an administrative appeal, but dismissed on February 26, 2016, and the Defendant rendered a disposition of business suspension (hereinafter “instant disposition”) on March 25, 2016 against the Plaintiff on the seven second day (from April 14 to April 2016) (hereinafter “instant disposition”).

Meanwhile, around June 201, the Plaintiff entered into a loan agreement with the Defendant by setting the purpose of use of 198 square meters, among 261 square meters in the area of the business site of the restaurant in this case where the land was expanded due to the said loan agreement, between E and E, for a residential purpose and the period from January 1, 2011 to December 31, 2015.

Since then, on December 31, 2014, the Defendant imposed indemnity on the ground that the Plaintiff violated the prohibition on the construction of permanent facilities on the ground that the above loan contract was terminated and the Defendant occupied the above land without permission.

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 7 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion (1).

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