1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff, upon completing the registration of the petroleum retail business (gas station) on July 28, 2014, operates a petroleum retail business with the trade name “C gas station” from August 4, 2014 to Incheon Bupyeong-gu B (hereinafter “C gas station”).

On December 1, 2017, the Korea Petroleum Quality & Distribution Authority (hereinafter “instant inspection”) conducted a quantitative inspection on ten main organic gas stations of the instant gas station (hereinafter “instant inspection”) and then notified the Defendant of the instant inspection, as it is measured that a main organic gas station (FH09-1038; hereinafter “instant alcoholic gas station”) out of the air string (20 litl standard ± 150 mllllllllllllllllllllllllllllllllllllllllllllllllllllll), which exceeds the 160 mllllll

Based on the result of the instant inspection, the Defendant issued a warning (hereinafter “instant disposition”) to the Plaintiff on January 3, 2018 pursuant to Article 13(4)8 of the Petroleum Business Act and Article 16 [Attachment 1] of the Enforcement Rule of the Petroleum Business Act, on the ground that the Plaintiff violated Article 39(1)2 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) by selling petroleum outside of the used truck and below the fixed quantity.

[Ground of recognition] Evidence Nos. 1, 2, Eul No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The prosecutor of this case’s non-existence of the ground for disposition was conducted by the method of oiling the lebane in the instant gas station with the lebane fixing the lebane in three parts, unlike the ordinary method of oil supply in the instant gas station. As such, according to the difference in the method of oil supply, it cannot be deemed that the Plaintiff sold petroleum to less than the quantity of petroleum by deviating from the ordinary method of selling petroleum in the instant gas station. Accordingly, the instant inspection result alone does not constitute a lawful ground for disposition.