logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.05.11 2017구합83430
식품영업자 지위 승계 신고 거부 처분 취소
Text

1. The Defendant’s disposition of non-acceptance of the report on succession to the status of food business operators on October 24, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. B and C around September 21, 2014: (a) operate the Songpa-gu Seoul Metropolitan Government D Building and E (hereinafter “E”) under subparagraph 110; and (b) filed a report on the change in the former C’s name on October 15, 2014 to B and C’s joint name.

B. B died on February 2, 2015.

F and G, their successors, filed a lawsuit against C seeking the payment of settlement amount on May 28, 2015, and on October 26, 2015, “C shall pay KRW 18 million to F and G by November 30, 2015, and KRW 18 million by December 31, 2015. C does not use the trade name “H” after January 1, 2016. F and G, as well as the above KRW 36 million, were concluded mediation.”

(Seoul Eastern District Court 2015s10393 Equity, hereinafter referred to as the "Adjustment of this case").

On October 24, 2017, the Plaintiff acquired all facilities, etc. related to the instant restaurant from C, and filed a report to the Defendant on the same day on the succession to the status of food business operators related to the instant restaurant (hereinafter “instant report”), but the Defendant did not accept the instant mediation on the grounds that it is unreasonable to reach an agreement under private law and it cannot be deemed that the instant mediation was an intention to transfer the business or to waive the inheritance related to the status of food business operators related to public law.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1 to 3, Eul’s evidence 1, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. In full view of the facts acknowledged prior to the lawfulness of the instant disposition, and the following facts and circumstances, which can be recognized by the entry of the evidence No. 2 and the purport of the entire pleadings, the Defendant is reasonable to accept the instant report.

A business operator under the Food Sanitation Act means a person who has obtained a business license or has filed a business report or registration (Article 2), and where a business operator transfers his/her business or is deceased, the transferee and the heir thereof.

arrow