1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a petroleum retailer operating “C” (hereinafter “instant gas station”) from February 2, 201 to Bupyeong-gu Incheon, Bupyeong-gu.

B. On March 13, 2015, around 14:00 to 18:00, the Institute and the Seoul Regional Police Agency discovered that, as a result of a joint inspection with respect to the gas station of the instant case, nine of the total of 10 alcoholic beverages installed in the gas station of the instant case (hereinafter “instant alcoholic beverage”), the petroleum products were sold mainly in the fixed quantity, with a capacity of at least 580 square meters exceeding 695 square meters (±150 square meters), and that the reduced amount of petroleum products, the measurement value of which was fabricated for the purpose of selling petroleum products below the fixed quantity, was installed and used in the organic gas of the instant case, and notified the Defendant thereof on June 26, 2015.

C. On July 7, 2015, the Defendant: (a) installed in the instant liquor with a measurable weight for the purpose of selling less than the net quantity and sold petroleum products below the net quantity out of the statutory used difference; (b) was amended by Act No. 13085, Jan. 28, 2015; (c) was in effect on July 29, 2015; and (d) was in accordance with Article 39(1)2 and 3 of the former Petroleum and Petroleum Substitute Fuel Business Act on the ground that the Plaintiff violated Article 40 of the former Petroleum Business Act (hereinafter “former Petroleum Business Act”); and (c) was consulted by the Plaintiff on July 21, 2015.

On July 27, 2015, the Defendant issued a disposition of cancellation of registration on August 3, 2015 (hereinafter “instant disposition”) pursuant to Article 13(3)8 of the former Petroleum Business Act and Article 16 [Attachment 1] of the former Enforcement Rule of the Petroleum Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 147, Jul. 29, 2015).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 through 5 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 39 of the former Petroleum Business Act, which has no ground for disposition 1 against the Plaintiff’s assertion.