beta
(영문) 대구지방법원 2015.01.09 2014구단996

주유소 영업정지처분취소

Text

1. The Defendant’s disposition of business suspension for three months against the Plaintiff on February 15, 2014 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B leased and operated a gas station located in Yongcheon-si D (hereinafter referred to as “instant gas station”) from a company (hereinafter referred to as “non-party company”) in the name of its wife, and controlled light oil as fuel for a truck by using mobile-sale vehicle from January 2, 2012 to April 30, 2013 (hereinafter referred to as “instant violation”).

B. On August 14, 2013, the Plaintiff: (a) leased the instant gas station from the non-party company to the Defendant; (b) filed a report on succession to the status; and (c) the registration of succession to the status of the petroleum retail business (the oil station) was made on the 21st of the same month; and (d) the Plaintiff operates the instant

C. On November 4, 2013, the Defendant was notified by the Youngcheon Police Station of the instant violation at the gas station. On February 5, 2014, the Plaintiff, a successor to the status on February 5, 2014, was in violation of Article 39(1)7 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 12294, Jan. 21, 2014; hereinafter “former Petroleum Business Act”), and Article 16 [Attachment 1] of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 27, Sept. 17, 2013)

2.(c)

15) Based on D) a disposition of business suspension for three months from February 28, 2014 to May 27, 2014 (hereinafter “instant disposition”). D.

On March 31, 2014, the Gyeongbuk-do Administrative Appeals Commission dismissed the appeal. Accordingly, the period of suspension of business of the above disposition was re-designated from May 1, 2014 to July 31, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1, Eul evidence 5-1 and Eul evidence 5-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff leased the instant gas station from the Nonparty Company.