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(영문) 대구지방법원 2017.02.03 2016구단1016
석유판매업행정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

(a) B is a registered titleholder of “D gas station” in Daegu Dong-gu C;

B. On August 17, 2015, the Defendant was notified by the head of the Daegu Police Station of the violation of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “the instant violation”) of the content that “the main note was altered to sell less than the net quantity” at the said gas station (hereinafter “the Petroleum Business Act”).

C. On the other hand, on July 16, 2015, the Plaintiff was above B B.B.

With knowledge of the fact that the violation of the paragraph is investigated, B succeeded to the business of the above D gas station and changed the trade name to "E gas station".

The defendant was above B B from the chief public prosecutor of the Daegu District Public Prosecutor's Office on May 9, 2016.

It was notified that he was convicted of a violation of the subsection (of violation period: from July 2014 to October 2014, and from April 9, 2015 to June 9, 2015).

E. Accordingly, on June 14, 2016, the Defendant issued the instant disposition to revoke the registration of the petroleum selling business (gas station) against the Plaintiff pursuant to the relevant statutes, such as the Petroleum Business Act and the Enforcement Rule thereof.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, Eul 1 and 5, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s assertion B did not have any separate problem; and (b) the Plaintiff would be held liable if an administrative disposition was taken place; (c) the Plaintiff invested a large amount of money to take over the said gas station; and (d) if the registration was revoked, the property damage was enormous if the registration was revoked, the instant disposition revoking the registration, which is not the suspension of business, was unlawful as

B. In full view of the following circumstances revealed by the evidence as seen earlier, even if the Plaintiff considered various circumstances, the need for public interest to achieve the instant disposition may be deemed to be less light than the disadvantages the Plaintiff would incur.

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