1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From July 18, 2012, the Plaintiff is a petroleum retailer operating “C gas station” (hereinafter “instant gas station”) in Daegu-gu Suwon-gu B.

B. On March 1, 2014, the Institute and the Seogu Seo police station collected samples from the instant gas station and conducted quality inspections on and around March 1, 2014, found that all six alcohol stations, which used light oil, did not exceed 150ml and less than 200ml in the net quantity, and that they installed and used a rapid heating system for sale below the net quantity from January 1, 2014 to March 1, 2014 at the said gas station, and then notified the Defendant of this fact on or around June 23, 2014.

C. Accordingly, on July 30, 2014, the Defendant sold petroleum and alternative fuel under Article 39(1)2 of the Petroleum Business Act (a abbreviation: Petroleum Business Act) to the Plaintiff. On the ground that “the Plaintiff was engaged in a business operation facility installed and remodeled for the purpose of selling below the fixed quantity and used for taking over or renting it,” under Article 13(3)8 of the Petroleum Business Act, Article 16 of the Enforcement Rule of the Petroleum Business Act, and Article 16 [Attachment Table 1] of the Enforcement Rule of the Petroleum Business Act, two months (hereinafter “instant disposition”).

Although the Plaintiff filed an administrative appeal against the instant disposition, the said administrative appeal was dismissed on September 29, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 4 (including virtual number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the instant control, the Plaintiff’s person in charge of the Institute 1 was measured within the scope of the user’s vehicle as a result of collecting samples from the first main pollutant and measuring the net quantity at the time of the instant control, and the result of multiple measurements thereafter appeared to be the same.