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(영문) 부산지방법원 2020.12.18 2020구합24111
약국개설등록불가처분취소
Text

1. The registration of the establishment of a pharmacy rendered by the Defendant to the Plaintiff on August 27, 2020 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On August 26, 2020, the Plaintiff filed an application with the Defendant for the registration of the establishment of a pharmacy with the location of the Gangseo-gu Busan apartment Cdong (hereinafter “instant building”).

B. On August 27, 2020, the Defendant rendered a non-permanent disposition for the establishment of a pharmacy (hereinafter “instant disposition”) to the Plaintiff on the ground that the passage, such as an exclusive corridor, has been installed between a medical institution and a pharmacy, based on Article 20(5)4 of the Pharmaceutical Affairs Act.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 and Eul evidence 1 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The passage between the instant application site and the medical institution on the second floor of the instant building is not an exclusive passage between the medical institution and the pharmacy since the apartment residents use the roads. (2) On July 2018, the Plaintiff asked the person in charge of the Defendant’s jurisdiction as to whether it is possible to register the establishment of a pharmacy at the instant application site. The Plaintiff, who concluded a lease agreement on the instant application site with the person in charge of the instant case and concluded an internal facility construction, despite having been given the answer that the establishment of a pharmacy may be registered, violates the principle of trust protection

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The building of this case is a commercial building located in a restaurant, mobile phone agency, etc. as well as medical institutions. The second floor of the building of this case where the site for the application of this case is located is set up in the form of “b” as shown in the ground plan as shown in attached Form 2. The building of this case is set up in subparagraph e, “F pharmacy”, “Gh,” “I Family Department”, “Jh and H”, “L dental clinic”, “Mh and N”, and the two floors of the building of this case are set up in the public room, and the two floors of the building of this case are set up in the public room, and the two floors of the building of this case are set up in the same height as B apartment, and going toward the direction of the apartment complex.

In the second floor of the instant building.

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