1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On November 25, 2010, C had operated a restaurant after completing a general restaurant business report with the trade name “D” on November 25, 2010.

B. After that, E leased the instant building from B, succeeded to the status of a business operator from C on April 12, 2012, and operated a restaurant in the instant building, “F (hereinafter “F”)” (hereinafter “instant building”) and changed the name of the business operator to G as his/her wife, but changed to his/her name on June 5, 2012.

C. On October 11, 2012, the Defendant received a report from the instant business establishment without permission, and confirmed the site, and thereby discovered that the business was in progress with an expansion of 36.72 square meters, which is part of the guest seat and kitchen size. On November 12, 2012, the Defendant issued a disposition imposing a penalty surcharge of KRW 5,740,000 in lieu of seven days of business suspension pursuant to Article 89 of the Enforcement Rule of the Food Sanitation Act on the ground that the Plaintiff violated Article 37 of the Food Sanitation Act because the size of the business was increased and the report was not filed (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1, 2, 5, 6, 8, and 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant building had already been illegally extended and leased before entering into a lease agreement with E, and the Plaintiff and E did not have extended the place of business without permission, and did not know the aforementioned illegal acts. Thus, the instant disposition is unreasonable.

B. It is as stated in the attached Form of the relevant statutes.

C. Determination 1) Article 22(5) of the former Food Sanitation Act (wholly amended by Act No. 9432, Feb. 6, 2009); the former Enforcement Decree of the Food Sanitation Act (wholly amended by Presidential Decree No. 21214, Dec. 31, 2008).