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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. From January 20, 2015, the Plaintiff operated a gas station under the trade name “C gas station” in Namyang-si, Namyang-si.
B. On March 13, 2015, the Institute North Korea headquarters of the Seoul Metropolitan Area and the Seoul Metropolitan Police Agency discovered that, after conducting a joint inspection of the gas station of this case on March 13, 2015, oil was sold out out of the gas station and less than the net quantity and used the gas station by modifying the gas station program for the purpose of selling less than the net quantity.
C. On June 1, 2015, the Defendant revoked the registration of the instant gas station (gas station) pursuant to Article 13 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 13085, Jan. 28, 2015; hereinafter the same) and Article 16 [Attachment 1] of the Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 6, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Article 13(3) of the former Petroleum and Petroleum Substitute Fuel Business Act provides that the revocation of registration may be made by stipulating that an offender may be revoked of registration, the closure of his/her place of business, or the suspension of business for not more than six months, and thus, the Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act [Attachment 1] provides that a person who installed and remodeled business facilities and sells below the fixed quantity is bound to revoke registration, and the provisions of the attached Table are null and void beyond the purport of the mother Act. In addition, considering the motive and content of the instant violation, the number of violations, the degree of the violation, and the disadvantages that the Plaintiff may suffer, compared to the public interest to be achieved through the instant disposition, and thus, the instant disposition is in violation of law that deviates from and abused discretion.
(b) as shown in the attached Form of the relevant statutes;
(c) judgment;