Busan Petroleum Co., Ltd. (Attorney Kim Young-soo, Counsel for the plaintiff-appellant)

Jeonnam-do Governor (Attorney Kim Dong-dong, Counsel for the plaintiff-appellant)

January 17, 1984

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The disposition that the defendant rejected the plaintiff's application for permission to change the petroleum selling area on July 6, 1983 shall be revoked.

Litigation costs shall be borne by the defendant.

On July 2, 1983, the plaintiff filed an application for permission to change the plaintiff's petroleum selling area to the plaintiff's marine and island members of Jeonnam-do as members of Jeonnam-do, and the fact that the defendant did not grant the permission on July 6, 1983 does not conflict between the parties.

Considering the circumstances of the supply and demand of the above non-permission, the Defendant is not likely to cause confusion in the distribution order of petroleum due to the recent increase in the supply and demand of L. 1 and 2. The Defendant’s non-permission disposition of this case is deemed to belong to the Defendant’s discretionary act, and the instant non-permission disposition of this case is likely to lead to a decrease in the supply and demand of petroleum to the Defendant 2. The Defendant’s exclusion of the supply and demand of the above non-permission of 1 to 3 kinds of petroleum sales business for the purpose of 1 to 6th anniversary of the total supply and demand of the above non-permission of 1 to 3th day on the ground that the number of four petroleum sales agencies located in G. 1 to 3th day on the ground of the foregoing non-permission disposition is too small, thereby leading to regional development and illegal disposal of the previous company in violation of the Monopoly Regulation and Fair Trade Act, and thus, the Defendant’s exclusion of the supply and demand of petroleum to 19th day on the ground of 2nd day on the distribution order of petroleum.

Therefore, the plaintiff's main claim is dismissed as it is without merit, and the costs of lawsuit are assessed against the losing party and it is so decided as per Disposition.

February 7, 1984

Judges Kim Jae-chul (Presiding Judge) Kim Jong-chul's disease