1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On March 31, 2017, the Plaintiff, as a pharmacist, filed an application for the establishment registration of a pharmacy with the Defendant (hereinafter “instant application”) on March 31, 2017, to establish a pharmacy in the store located on the first floor (hereinafter “instant store”) among the buildings located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. On April 4, 2017, the Defendant rejected the Plaintiff’s application for registration of the establishment of a pharmacy pursuant to Article 20(5)2 of the Pharmaceutical Affairs Act on the ground that “the place where the Plaintiff intends to establish a pharmacy is determined to be an area within the facilities or premises of a medical institution because most of the instant building is used as one medical institution except for the first floor of the instant building.”

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap’s evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion was operated on the 2 to 6th of the instant building by the “Dan Hospital” (hereinafter “the instant hospital”), the instant store differs from the instant hospital, and its entrance differs, and its structural and spatial independence exists without any passage connected inside the instant building. The first floor of the instant building is only the instant store and public-use facility, and there is no other store. The name of the pharmacy to be established by the Plaintiff does not have any possibility that the general public can recognize the pharmacy to be established by the Plaintiff as part of the facilities of the instant hospital because the name and completion of the instant hospital’s name and completion. The instant store is located in a place where the general delivery can be used as well as the patient of the instant hospital. Since the instant building was located after the instant building, “EA pharmacy” is being operated on a considerable scale, and even if the Plaintiff established and operated the instant pharmacy in collusion with the instant hospital and the Plaintiff.