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(영문) 대법원 1986. 7. 22. 선고 85누428 판결
[석유판매업허가취소처분취소][공1986.9.15.(784),1117]
Main Issues

The case holding that there is no violation of the discretionary authority in the disposition of revocation of permission for a petroleum retail business on the ground of a suspension of business for at least six months

Summary of Judgment

The case holding that the disposition of revocation of permission for the petroleum selling business on the ground of the suspension of business without permission for not less than 6 months is not erroneous.

[Reference Provisions]

Article 13(3)3 of the Petroleum Business Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Head of Busan Metropolitan City Do;

Judgment of the lower court

Daegu High Court Decision 84Gu370 delivered on April 24, 1985

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below found that the non-party's disposition of the disposition of the disposition of the fine of the above disposition of the fine of the violation of the Petroleum Business Act of November 19, 1984, on the ground that the non-party's disposal of the petroleum selling business from around July 19, 1970 with permission for the petroleum selling business in the name of Busan Dongdong-gu ( Address omitted) and had gone through eronomy by entering into a partnership contract with the plaintiff on February 21, 1977 due to the aggravation of the financial situation and caused a dispute over the validity of the above permission and the plaintiff's disposition of the disposition of the disposition of the above disposition of the fine of the fine of the above disposition of the fine of the fine of the fine of the case of the above disposition of the fine of the violation of the law of the plaintiff's disposal of the above disposition of the fine of the fine of the fine of the case of the above disposition of the suspension of the business of the non-party's disposal of the above disposition of the fine of the above case.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Yoon-tae (Presiding Justice)

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