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(영문) 대전지방법원 2015.04.01 2014구합4483
석유판매업행정처분취소
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 July 22, 2014, the Plaintiff leased a gas station in the Dong-gu Daejeon District, Daejeon (hereinafter “instant gas station”) from Or Energy Co., Ltd., Ltd., and is a petroleum retailer operating from July 29, 2014.

B. On October 20, 2014, the Institute and the Daejeon District Police Agency (hereinafter “the Control Group”) jointly collected samples from the gas station in the instant case and conducted a quantitative inspection. As a result, it confirmed that: (a) two of the four main amusement units (number 1, 2); (b) three of the five main gasoline stations (number 3, 4, 7) out of the five main gasoline stations (number 3, 7) were sold at least 270 m3 and a maximum of 800 m30 m3 (0.75 m3, 200 m3, 200 m3,000) out of the usage vehicle 150m3 (0.75 m3, 200 m3,000).

C. On October 27, 2014, the Defendant was notified of the aforementioned fact by the Daejeon Chungcheong Headquarters, and on December 2, 2014, the Defendant was notified by the Daejeon Daejeon District Police Agency that the modification program of the weekly flow was discovered from the four main organic metroids as a result of the analysis of the five main metroids below the fixed quantity.

On November 18, 2014, the defendant issued a prior notice of disposition (the notice of holding a hearing) to the plaintiff as follows:

On October 20, 2014, at around 06:55 on October 20, 2014, a disposition of an administrative disposition due to a violation of the title of the scheduled disposition “petroleum and Petroleum Substitute Fuel Business Act” was imposed and sold below the prepaid quantity by getting out of five vehicles used (0.75%) at a fixed type of a fixed type of a workplace of a gas station, and notified that he/she installed, remodeled, and used a de facto medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium

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