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(영문) 서울고등법원 2020.07.22 2020누38104
시정명령취소청구
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 5, 1972, B obtained a business license with the name of “C”, “C”, and “D, E, and F” (hereinafter collectively referred to as “instant land”), and the type of business as an ordinary restaurant business (hereinafter “instant business”), and the building area on the building register of the first floor located on the instant land at the time (hereinafter “first building”) was 28.80 square meters.

(B) The Food Sanitation Act regulation system on general restaurants was changed into the business report system on July 3, 1981, the business report system on April 13, 1984, and the business report system again on November 13, 199.

B removed the first building on November 1998, and newly built the first floor on the site, and around July 1999, the second floor was extended to the second floor on the building and the total floor area was 149.22 square meters (=1 floor 99.6 square meters).

(hereinafter referred to as “second building”). (c)

The Plaintiff, in fact from B around December 2015, took over the business of the second building. On December 10, 2015, the Plaintiff: (a) transferred the instant business in the first building to the Defendant and subsequently changed only the name of the business office to “G”; (b) filed a report on succession to the status of the business operator and the change of the name of the business office.

After that, the Plaintiff’s husband I removed the building No. 2 and constructed a building for the purpose of detached housing with a total floor area of 140.75 square meters (i.e., one story of 80.33 square meters and 60.42 square meters), and obtained approval for use on or around May 13, 2016.

(hereinafter “Third Building.” Around that time, the Plaintiff continued to operate the instant business in the building No. 1 and changed only the name of the place of business to H “H”, and began general restaurant business in the building No. 3.

The instant land is designated as a water source protection area under Article 7 of the Water Supply and Waterworks Installation Act and an environment improvement area under Article 14 of the Water-source Management Rules.

(e) Food sanitation supervisors shall be governed by the third building on February 28, 2017.

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