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(영문) 서울고등법원 2017.10.20 2017누33567
영업정지처분취소
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Facts that there is no dispute over the details of the disposition (based on recognition), Gap 1-4, Eul 1-17, 22, 26, and the purport of the whole pleadings;

A. On February 25, 2015, the Plaintiff registered the business of providing Internet computer game facilities with the trade name of 201, 202, 203, and 204, 612-gil 16, as Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, and operated juvenile game providing business.

(hereinafter referred to as the "place of business") of this case. B.

The Plaintiff registered the place of business as 421.92 square meters when filing for the registration of the said game facility business. On May 22, 2015, the Defendant: (a) visited the instant place of business to detect the expansion of 36.88 square meters in the area of the place of business by using the hallway (36.88 square meters) as the entrance of the instant place of business; and (b) on the same day, the Plaintiff issued an order to report the alteration to the effect that “the area used as the place of business inside the entrance of the entrance by June 10, 2015” was confirmed to have been 421.92 square meters in the place of business recorded at the time of filing for registration as 36.8 square meters in excess of 458.8 square meters in the place of business, and that “the area used as the place of business inside the entrance by June 10, 2015.”

C. On June 10, 2015, the Plaintiff: (a) in accordance with an order to report the change of the content of the instant business site with the size of 421.92 square meters from 458.8 square meters to 458.8 square meters; (b) the Defendant, on June 5, 2015, issued a written reply from the head of the free economic zone authority of Incheon Metropolitan City, to the effect that, on June 5, 2015, the business site of the instant business site was changed to 583.5 square meters, including the section for common use, the Plaintiff shall implement the procedures for change of the purpose of use to sales facilities or take measures to reduce the business site area of the instant facility; and (c) on June 12, 2015, the Plaintiff received a written reply from the head of the free economic zone authority regarding civil petitions related to illegal buildings

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