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1. The Defendant’s disposition suspending the business on July 10, 2014 against the Plaintiff shall be revoked for three months.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On January 2, 2007, B registered the petroleum selling business (handling-type: the number of gasoline, light oil, and storage facilities: one company (SK) and one company (SK): one company (SK): one company) and one company (SK). On January 2, 2007, B operated the petroleum selling business under the trade name of D (hereinafter “instant gas station”) in Suwon-si, Suwon-si.
(Initial Date of Registration is January 5, 1996, and B succeeds to the status of the preceding representative). (b)
On May 27, 2014, employees of the Daegu Gyeongbuk Headquarters collected samples for the detection of fake petroleum in the gas station in this case.
C. On June 19, 2014, the head of the Daegu North Korean Institute notified the Defendant of the result of the examination of the sample sample No. 16 (automobile gasoline 1) as a result of the examination of the above sample sample, which is a fake petroleum product mixed with about 3% of other petroleum products (al.e., gasoline for automobiles) under subparagraph 1 of gasoline for automobiles.
(hereinafter referred to as “instant violation”) d. of the quality inspection result as above.
On July 2, 2014, the Plaintiff acquired the gas station in this case from B (the contract date shall be July 3, 2014), and registered the petroleum retail business (handling species: gasoline, light oil, and storage facilities: 1, 40 mar, 40 mar 1, 40 mar 40 mar 1, light oil, light oil, 40 mar 2, light oil, and 7 mar : 7) to the Defendant, and began to operate the gas station in this case from July 4, 2014.
E. On July 10, 2014, the Defendant issued a three-month disposition suspending the business of the instant gas station (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, 3, Gap evidence 2-1 to 4, Eul evidence 1, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. (1) The Plaintiff’s assertion (1) The former business owner of the instant gas station, claiming the absence of grounds for disposition, is mixed with gasoline.