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(영문) 인천지방법원 2016.07.21 2016구합50031
사업정지처분 취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On August 13, 2015, the Plaintiff acquired and operated a gas station in Seo-gu Incheon, Incheon (hereinafter “instant gas station”).

B. On January 5, 2016, the Defendant, while operating the instant gas station, issued a three-month disposition suspending the business (hereinafter “instant disposition”) pursuant to the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “The Petroleum Business Act”), on the ground that the Plaintiff stored and sold fake petroleum products (such as light oil, etc.) mixed with approximately 65% of other petroleum products in transit for automobiles (hereinafter “instant fake petroleum”).

C. Around January 12, 2016, the Plaintiff transferred the instant gas station to D, and D’s representative E completed the registration of change in the petroleum sales business on January 15, 2016.

[Ground of recognition] Facts without dispute, Gap 1-3, Eul 3, the purport of the whole pleadings

2. A lawsuit seeking the revocation of an illegal administrative disposition against the legitimacy of the lawsuit in this case is intended to restore the state of illegality caused by an illegal disposition to its original state, and protect or relieve the rights and interests infringed or interfered with such disposition. Thus, the theoretical meaning of disputing the illegality of a certain administrative disposition lies in a theoretical sense, but there is no benefit to seek the revocation in a case where there is no practical utility or benefit to be resolved by

(See Supreme Court Decision 98Du9165 delivered on September 8, 1998). ex officio, Article 29(1)1 of the Petroleum Business Act provides that no person shall manufacture, import, store, transport, keep in custody or sell fake petroleum products, and Article 13(3)8 and 13(1)12 of the same Act provides that where a petroleum retailer violates the prohibition of an act under Article 29(1)1 of the same Act, the registration of the relevant petroleum retail business may be revoked, or all or part of the relevant business may be ordered to be suspended for a fixed period not exceeding six months.

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