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(영문) 청주지방법원 2017.06.29 2017구합1426
석유판매업(주유소) 등록취소 처분 취소
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 4, 2015, the Plaintiff leased the instant gas station to B as the owner of the D gas station site and buildings and all facilities (hereinafter “instant gas station”) located in Seo-gu, Seo-gu, Seo-si, Seo-si, Seo-si, and on January 5, 2016, B registered the petroleum sales business and operated the instant gas station from around that time.

B. On May 31, 2016, the Chungcheong District Police Agency’s metropolitan investigation group and the gas station of this case conducted joint control over the instant gas station, and discovered out the fact that the oil station of this case, installed illegal facilities in the form of increase of emissions inside the main organic ecocoer ( circuit board, etc.) and sold petroleum below the quantity, and notified the Defendant of the result thereof.

C. Accordingly, on October 13, 2016, the Defendant rendered a disposition of revocation of registration (hereinafter “instant disposition”) against B on the ground that B violated Article 39(1)2 and 4 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that ① even though the Plaintiff had been subject to sanctions against illegal business of the lessee when entering into a lease agreement, the Plaintiff committed a violation; ② the Plaintiff is anticipated to incur damages equivalent to KRW 168,00,000 for the instant disposition as it is impossible to re- operate or rent the instant gas station for two years pursuant to Article 11-2 subparag. 3 of the Petroleum Business Act, but there is no way to compensate for losses due to the Plaintiff’s death after the instant disposition; ③ the instant violation was the first violation after the instant gas station business license was conducted for one to two months; and ③ the period was the first violation after the instant gas station business license was discovered for one to two months; and ④ Article 13(3)8 of the Petroleum Business Act has the same effect as the closure of the place of business immediately after the detection.

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