1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of the court of first instance cited in this judgment is the same as the reasoning of the judgment of the court of first instance, in addition to the portion to be determined additionally in paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Additional determination

A. The Plaintiff asserted to the effect that the instant disposition based on the premise that the instant disposition was unlawful, on the premise that it was unlawful, since the Plaintiff merely leased the construction of the interior store, which had been operated prior to the lease of the instant restaurant, and did not expand the building located in the instant restaurant without permission.

However, according to Articles 36(1)3 and 37(4) of the Food Sanitation Act, and Article 26 of the Enforcement Decree of the Food Sanitation Act, “a person who intends to run food entertainment business shall report to the head of the Gu, etc. according to the type of business or place of business as prescribed by the Presidential Decree, and shall report to the head of the Gu, etc. when he/she changes important matters prescribed by the Presidential Decree, such as change of the size

In addition, a person who intends to engage in a food service business shall submit a document stating that he/she satisfies all the requirements for lawful operation at the relevant place of business (Article 42 of the Enforcement Rule of the Food Sanitation Act). (Article 42 of the Enforcement Rule of the Food Sanitation Act includes the fact that he/she shall secure a legitimate source for the use of a building that can be used for the type of business as at the time of reporting and meet the facility standards

Meanwhile, the purport of the provisions of Article 71 of the Food Sanitation Act is to issue a corrective order where a business subject to business report is operated without filing a report or otherwise than the reported contents pursuant to Article 37(4) of the Food Sanitation Act, and where a business continues to be operated without filing a report, even though the area of the relevant business place was modified.