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(영문) 대구지방법원 2016.10.25 2015구합2286
사업정지처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation by the Intervenor is the remainder.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who, from November 29, 2012, operates a petroleum retail business (gas station) in the “D gas station” located in Daegu Seo-gu, Seo-gu (hereinafter “D gas station”).

B. On August 7, 2005 and August 13, 2015, the Daegu Gyeongbuk Headquarters collected and inspected light oil for automobiles sold at the instant gas station, and notified the Defendant of the fact that other petroleum products (e.g., oil powder, etc.) in light of light oil for automobiles are about 5% to 30% fake petroleum products.

C. On October 16, 2015, the Defendant issued a disposition suspending business for three months pursuant to Article 13(3)8 of the Petroleum and Petroleum Substitute Fuel Business Act [Attachment 1] and [Attachment 2-C] 12 of the Enforcement Rule of the same Act to the Plaintiff on the ground that “the Plaintiff sold fake petroleum products and violated Article 29(1) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “The Petroleum Business Act”).

The Plaintiff appealed and filed an administrative appeal, but the Daegu Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s claim on November 30, 2015.

E. Meanwhile, around November 2015, the Plaintiff transferred the instant gas station to E. On the other hand, E completed the registration of change in the petroleum selling business of the instant gas station on December 1, 2015.

After that, around March 2016, E transferred the gas station of this case to the Plaintiff’s Intervenor. On March 28, 2016, the Plaintiff’s Intervenor completed the registration of change in the petroleum sales business of the gas station of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 6, Eul evidence 1 through 6, 18, 23, the purport of the whole pleadings

2. The assertion by the plaintiff and the plaintiff assistant intervenor

A. In light of the following circumstances, the Plaintiff’s sales of fake petroleum products cannot be readily concluded. Therefore, the instant disposition is unlawful as it did not have any grounds for disposition.

1. In the case of collection of samples for 1 and 2, 1.

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