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(영문) 청주지방법원 2020.11.19 2020구합5688
사업정지처분 취소 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff operates a gas station under the trade name “C gas station” in Chungcheong City B (hereinafter “C gas station”).

B. On January 20, 2020, around 19:40 on January 20, 2020, the Chungcheong Headquarters notified the Defendant of the violation that D truck, which is an illegal remodeling vehicle installed with a main abandonment (hereinafter “illegal remodeling vehicle”), provided that “the dump truck (hereinafter “instant dump truck”) owned by E owns 100 L, including the dump truck, and the illegal remodeling vehicle was supplied with light oil from G truck, which is a mobile selling vehicle of the instant gas station (hereinafter “dump truck”).

C. Accordingly, on February 24, 2020, the Defendant violated Article 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “The Petroleum Business Act”) by selling dump trucks as fuel for dump trucks to the Plaintiff on the ground that “the Defendant violated Article 39(1)8 of the same Act.”

D) The Plaintiff appealed to the instant disposition, and filed an administrative appeal with the administrative appeals commission of Chungcheongbuk-do. However, on March 27, 2020, a ruling dismissing the appeal was rendered on March 27, 2020. [The purport of each of the entries and arguments in Gap, Eul, Eul, and Eul, and Eul, as well as the overall purport of the arguments and arguments, is as follows.

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff, the owner of the instant dump truck, sold 100 L, including the heating oil to be used in boilers at the dump truck’s request, in which the Plaintiff sold 100 L, which was in need of heating at the time, not a continuous and fixed customer. At the time, the Plaintiff was not aware of the fact that the fuel contained in dump truck was ordinarily 400 L and that it was not a large amount of money to be considered to be used for dump truck, and thus, the Plaintiff was not aware of the fact that the dump truck was used as fuel for dump truck.

In the end, this is.

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