1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

1. The reasons why the court should explain this part of the disposition are the same as the reasons for the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the legitimacy of the instant lawsuit

(a) The details of the relevant statutes are as shown in the attached statutes;

B. We examine ex officio the legality of the instant lawsuit.

When multiple persons who have applied for the beneficial administrative disposition such as authorization and permission are bound to be non-permission, etc. to the other party in competition with each other, the persons who have not received the permission, etc. shall be entitled to seek the revocation of the relevant disposition even if they are not the other party to the disposition. However, if the disposition cannot be deemed to have been revoked in specific cases, there is no legitimate interest to seek the revocation of the relevant disposition.

(see, e.g., Supreme Court Decision 98Du6272, Sept. 8, 1998). In this case, even if the instant disposition against the Plaintiff was revoked, the designation of the operator of the gas station to N with respect to N with respect to which he/she had a relation of the Plaintiff was not revoked, the Plaintiff cannot be selected as the operator of the gas station, and thus, the Plaintiff has no legitimate interest in seeking the revocation of the instant disposition.

Even if there is a legitimate interest in seeking revocation of the instant disposition, where multiple persons who applied for the beneficial administrative disposition such as authorization and permission compete with the Plaintiff, and the Defendant publicly announced the qualification requirements or criteria for selection when the Defendant publicly announced the recruitment of business operators, the evidence of the qualification requirements or criteria for selection should be based on the materials submitted to the Defendant within the period publicly announced as the receipt period, and the subsequent materials cannot be considered as the basis for determination.