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(영문) 수원지방법원 2020.09.24 2019구합1815
숙박업영업신고반려처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts that there has been no dispute over the disposition;

A. Among the 4th underground floors, 16th ground floors, 2nd guest rooms, and 476th total guest rooms (which are between the 3rd and 16th floor above the ground) located in Pyeongtaek-si (hereinafter “instant hotel”), 154 guest rooms listed in the separate sheet (hereinafter “C”) are co-owners of the C Co., Ltd. (hereinafter “C”), and the remaining 322 guest rooms (hereinafter “the rest of the instant guest rooms”) were sold to the majority of sectional owners.

B. On September 28, 2017, after concluding a contract for entrusted operation with each of the sectional owners and C in the rest of the guest rooms in the instant case, D Co., Ltd. (hereinafter “D”) reported the business of accommodation (general) with the name of “E hotel” to the Defendant on September 28, 2017, but changed the name to “F hotel” on November 9, 2017.

C. C shall be above October 2019.

After cancelling the consignment operation contract entered into with the Plaintiff, the consignment operation contract for the instant guest room was concluded between the Plaintiff and the Plaintiff.

According to Articles 10 and 11 of the Act on the Ownership and Management of Aggregate Buildings in common areas of D and the hotel of this case, a common area of an aggregate building belongs to the co-ownership of all sectional owners, and each co-owner can use the common area according to its purpose.

Article 3 (1) of the Public Health Control Act (hereinafter “the Act”) provides that “A person who intends to conduct a public health business shall have facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare for each type of the public health business, as well as a business report (hereinafter “the Act”) with respect to the instant guest room on November 8, 2019, after having agreed to jointly use the guest room, shopping facilities, stairs, offices, elevators, entrances, warehouses, warehouses, and warehouses: 154m2,

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