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(영문) 수원지방법원 2017.10.25 2017구합65266
사업정지 6개월처분 취소청구
Text

1. The part concerning the Plaintiff’s claim among the instant lawsuit is dismissed.

2. The plaintiff's successor's claim is dismissed.

2...

Reasons

Details of the disposition

On October 21, 2016, the Plaintiff leased the building of the “E Gas station” located in Pyeongtaek-si D (hereinafter “instant gas station”) and the facilities of gas stations (Evidence A7). On October 26, 2016, the Plaintiff completed the registration of petroleum sales business, the Plaintiff’s representative for the instant gas station, and operates the said gas station from November 1, 2016.

(A) evidence of heading 1, 2.b.

The Institute collected 1 gasoline sample on January 19, 201, 3 automobile diesel samples (hereinafter “instant samples”), and 1 oil samples, respectively, from the Seoul Southern Headquarters (hereinafter “Seoul Southern Headquarters”) staff F and G, respectively.

(No. 2 of this title). (c)

On February 15, 2017, the head of the Seoul Metropolitan Area Southern Headquarters notified the Defendant of the result of quality inspection that the automobile diesel samples (2-4 samples) collected at the instant gas station (2-4) are mixed with about 10% of other petroleum products (such as light oil, etc.) on the automobile diesel and constitutes “fake petroleum products” as defined in subparagraph 10 of Article 2 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

(No. 2) d.

On March 20, 2017, the Defendant issued a disposition ordering the Plaintiff to suspend business operations for six months (two times (two times) (hereinafter “instant disposition”) on the ground that “the Plaintiff kept and sold fake petroleum products at the gas station of this case in violation of Article 29(1) of the Petroleum Business Act” (hereinafter “instant disposition”).

E. On April 5, 2017, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition, and the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s appeal on May 29, 2017.

(B) Around June 2017, the Plaintiff transferred the instant gas station business to the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor”). On June 20, 2017, the Intervenor changed the representative of the instant gas station from the Plaintiff to the Intervenor (hereinafter “ Intervenor”).

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