1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of non-registration of the establishment of a pharmacy against the Plaintiff on August 8, 2013.

1. Details of the disposition;

A. On August 5, 2013, the Plaintiff, a pharmacist, filed an application for registration of the establishment of a pharmacy with the trade name of “O pharmacy” (hereinafter “instant application”) on the part (A) of the attached Form No. 66.05 square meters of the total floor area of 5,214.07 square meters of the building on the ground and the 7th square meters of the ground surface (hereinafter “instant building”) on the part of the 5,214.07 square meters of the 1st, Seo-gu, Daegu-gu and the 1st, Seo-gu, and the Defendant.

B. On August 8, 2013, the Defendant returned the instant application to the Plaintiff on the ground that the Plaintiff had a clinic, convenience store, and coffee store on the first floor of the instant building. However, on the remaining first floor, the entire 7th floor above the ground constituted a medical institution (C hospital) and constitutes “where the place where the Plaintiff wishes to establish a pharmacy is within the boundary or within the premises of a medical institution” under Article 20(5)2 of the Pharmaceutical Affairs Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the pharmacy of this case is located in the south of the first floor of the building of this case, and the entrance abutting on the south of 30 meters wide adjoining to the other side of the road of this case is the only passage to the pharmacy of this case; stairs and elevators going up to the second floor of the pharmacy of this case; there is no way to access the pharmacy of this case from the inside of the building of this case to the pharmacy of this case; the pharmacy of this case is divided into separate spaces; medical institution (C hospital) users are not likely to recognize the pharmacy of this case as within the medical institution (C hospital) or within the premises; and the plaintiff is an independent entity separate from the operator of the medical institution (C hospital). In full view of the above, the place where the pharmacy of this case is to establish the pharmacy of this case.