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(영문) 수원지방법원 2016.12.08 2016구합1869
등록취소처분취소
Text

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. On December 21, 2012, the Plaintiff completed the business registration regarding the retail business of a gas station under the trade name, “C gas station” (hereinafter “instant gas station”), which covers Suwon-si B, Suwon-si, as the place of business. D, the husband of the Plaintiff, has been operating the gas station of this case since around that time.

B. On August 4, 2016, the Suwon Southern Police Station and the Korea Institute's Seoul Southern Headquarters conducted a joint inspection of the gas station in the instant case on August 4, 2016: (a) discovered the fact that three gas stations for automobile gasoline (water number EL041202, EL041202, EL041087) and three gas stations for automobile diesel (water number EH0412039, EH0410, EH041010, EH0440) were modified for the purpose of selling less than the fixed quantity for the purpose of selling less than the fixed quantity, and subsequently discovered the fact that they were sold less than the fixed quantity (=150 mp as of the 20L base) beyond the statutory used vehicle (±150 mp).

C. On September 21, 2016, the Defendant notified the Plaintiff that the registration of the petroleum retail business (the instant gas station) was revoked as of October 6, 2016 pursuant to Articles 13(3)8 and 39(1)2 and 4 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”), and Article 16 and attached Table 1 of the Enforcement Rule of the same Act.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the disposition of this case was made after the plaintiff opened the gas station of this case and there was no illegal act before the time of this case, the period of the violation is short of about three months, the profit acquired is short of about 1,1280,000 won, and the above amount is less than 1,1280,000 won, and thereafter, D has contributed to the total amount of D, only two main abandonment of the gas station of this case, and according to Article 13 (3) 8 of the Petroleum Business Act, in the case of selling below the fixed quantity, the defendant closed the place of business or suspend the business

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