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(영문) 수원지방법원 2015.09.16 2015구합65309
행정처분취소
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 April 9, 2015, the Plaintiff leased the D gas station business in C (hereinafter “D gas station”) from April 9, 2015, and applied for registration of change of petroleum retail business to the Defendant on April 13, 2015, and received the registration of change from the Defendant on April 16, 2015.

B. On April 19, 2015 and April 28, 2015, the Defendant conducted an inspection of the quality of petroleum to the gas station in this case, and discovered the fact that he/she sold fake petroleum products, and on that ground, rendered a disposition of business suspension on May 27, 2015 (hereinafter “instant disposition”) against the Plaintiff, the registered titleholder of the relevant gas station, on April 15, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 4, Eul Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In the event that the Plaintiff actually transferred the instant gas station to the former lessee E and started the operation of the gas station, the Plaintiff did not participate in the operation of the gas station at the time of discovery of fake petroleum products on April 30, 2015, which was after the discovery of fake petroleum products. Since he did not know of the aforementioned illegal acts of E and subsequently took over the operation of the gas station thereafter, it is unlawful to conduct the instant disposition against the Plaintiff without any grounds for disposition. (2) The Plaintiff was a bona fide victim who acquired the gas station of this case without knowledge of the violation of E, and without considering such circumstances, the instant disposition that did not consider the instant gas station was against the principle of proportionality.

(b) Attached Form of relevant statutes;

C. (1) Determination 1) In full view of the following: (a) Nos. 4 and 5, and Nos. 1 and 1, the Plaintiff leased the instant gas station from Apr. 9, 2015 to the Plaintiff on a fixed period of KRW 30 million, monthly rent of KRW 18 million, and six months; and (b) on April 13, 2015, E transfers the instant gas station’s business to the Plaintiff.

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