All appeals are dismissed.

The costs of appeal are assessed against the Plaintiffs, including the part resulting from the supplementary participation.

The grounds of appeal are examined.

1. As to the meaning of “building” under the former Food Sanitation Act

A. According to Articles 22 and 21 of the former Food Sanitation Act (wholly amended by Act No. 9432, Feb. 6, 2009; hereinafter the same), and subparagraphs 2, 5, and 8 (a) of Article 7 of the former Enforcement Decree of the Food Sanitation Act (wholly amended by Presidential Decree No. 21676, Aug. 6, 2009; hereinafter the same), a person who intends to operate a spot-sale manufacturing and processing business, food subdivision or distribution business, or resting restaurant business shall make a report on his/her business with the pertinent facilities specified in Article 20 [Attachment Table 9] of the former Enforcement Rule of the Food Sanitation Act (wholly amended by Ordinance of the Ministry of Health, Welfare and Family Affairs No. 132, Aug. 12, 2009; hereinafter the same shall apply).

In addition, according to Article 55 (1) of the former Food Sanitation Act, the Commissioner of the Korea Food and Drug Administration, a Mayor/Do Governor, the head of a Si/Gun/Gu shall order a person who runs a business not in compliance with the criteria for sanitary treatment of food, etc. under Article 3, or a person who fails to comply with

Meanwhile, Article 20 [Attachment 9] of the above Enforcement Rule provides for the location, etc. of a building where manufacturing facilities, raw materials, and storage facilities, etc. of products are installed (hereinafter “building”) under 1-A, and provides for the location, etc. of a building as facility standards for spot-sale manufacturing and processing business, food subdivision and sales business, food service business, etc. under 2-A (1), 5-A (1), and 8-A (1) (a).

B. According to the reasoning of the judgment below, the court below held that the location of a place of business intending to operate a spot-sale manufacturing and processing business, food subdivision or distribution business, or resting restaurant business shall be included in a building under the Building Act unless it falls under exceptional circumstances. In light of the provisions and contents of the above statutes, the above judgment of the court below is just and it is just in its determination.