1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The grounds for this part of the disposition are the same as the corresponding part of the reasoning of the judgment of the court of first instance (paragraph (1). Thus, the grounds for this part are cited pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(A) Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are as follows: (a) The reasoning for this part of the Plaintiff’s assertion is the same as that of the corresponding part of the judgment of the court of first instance (Article 8(2).

3. Attached statements to the relevant Acts and subordinate statutes;

4. Whether the instant disposition is lawful

(a) "Fake petroleum products" in subparagraph 10 of Article 2 of the Petroleum Business Act as to whether a reason for disposition exists or not, means fake petroleum products, additives (including any additives prescribed by other Acts) and other products manufactured by any of the following methods, regardless of their names, which are manufactured for the purpose of using them as fuel for motor vehicles under subparagraph 1 of Article 2 of the Motor Vehicle Management Act and vehicles and machinery (limited to those using gasoline or light oil as fuel) prescribed by Presidential Decree, or alternative fuels under subparagraph 11 of this Article:

of this title.

"(a)" includes petroleum products, the classification of which differs from that of other petroleum products;

The term "the method of mixing petroleum products" in item (b) means organic chemical products prescribed by Ordinance of the Ministry of Trade, Industry and Energy, excluding petroleum products, among products manufactured from petroleum products through physical and chemical processes.

hereinafter the same shall apply.

The method of mixing “B, B, and B, the method of mixing petrochemicals with other petrochemicals” refers to “B, B, and P, the method of mixing petroleum products with materials containing carbon and hydrogen”.

As seen earlier, the Plaintiff was in custody of the storage tank of the gas station of this case.