The judgment of the first instance shall be revoked.

On March 12, 2014, the Defendant changed the registration of a pharmacy for the Plaintiff.

1. Facts that there is no dispute over the details of the disposition (based on recognition), A1, 2, B2, and the purport of the whole pleadings;

A. The Plaintiff, a pharmacist from November 16, 2009, opened and operated a pharmacy in his/her trade name, “C” in subparagraph 106 of the B Apartment Building (hereinafter “instant commercial building”).

On November 16, 2013, the Plaintiff entered into a lease agreement with the lease deposit of KRW 15 million, monthly rent of KRW 800,000,000, and the period of KRW 24 months on November 16, 2013 in order to move his/her pharmacy (hereinafter “instant shopping district”). On March 10, 2014, the Plaintiff changed the pharmacy’s location to 202 shopping district.

B. On March 12, 2014, the Defendant did not accept an application for change of the registered matters of a pharmacy on the ground that the Plaintiff falls under Article 20(5)4 of the Pharmaceutical Affairs Act (including where a passage, such as an exclusive corridor, stairs, an elevator or a footbridge, etc., is installed or installed between a medical institution and a pharmacy), and notified the Plaintiff thereof.

2. Whether the disposition of non-acceptance of this case is legitimate

A. The Plaintiff’s assertion (1) Even if the Plaintiff opened a pharmacy under 202, a corridor installed between 202 and 202 of the second floor of the commercial building does not constitute an exclusive corridor between a medical institution and a pharmacy.

(2) While the Defendant accepted the registration of the establishment of a pharmacy with respect to the D2-story E pharmacy, the 2-story G pharmacy, etc. in the Pakistan-si, the conditions of which are similar to 202, the Defendant’s refusal to register the establishment of a pharmacy against the Plaintiff is against the principle of equity.

B. The entry in the relevant statutes (attached Form 1) is as follows.

C. The facts of recognition [based on recognition] are without dispute, Gap 3, 4, 14, 16, 17, 18, 20, Eul 3, and 15-1 through 5, and the purport of the entire pleadings (1) is as follows: the instant commercial building is a neighborhood living facility with the first floor below the ground and the second floor above the ground (210 square meters below each floor); the two floors are divided into five rooms of the same area (29.52 square meters); and stairs, toilets, and corridors are installed in the remaining parts.