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(영문) 인천지방법원 2016.10.27 2016구합51331

자동차등록직권말소처분취소청구의 소

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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. A’s creation (1) around March 11, 2009 of the registration number plate of each of the instant automobiles, etc. (1) A, the B representative director of the Company B, prepared a false sales contract as if he/she purchases a vehicle (vehicle number D) owned by Daesung Co., Ltd. due to business necessity, and applied for the increase of the number of automobiles. A, a public official in charge of truck registration of Yeongdeungpo-gu Office, obtained a permit for the increase of the number of automobiles without any separate certificate of proof from F, who is a public official in charge of truck registration of Yeongdeungpo-gu Office, through E, and again created a different registration number of 104 chassis number and automobile registration number including G vehicle using the chassis number of the said vehicle

(2) On March 10, 2009, A prepared a false sales contract as if he/she purchases H vehicles (vehicle number : I) owned a limited liability company, and applied for the increase of the number of automobiles. By the above method, A, using the chassis number, etc. of a representative vehicle, created a different number of 72 chassis number, automobile number, etc. including J vehicles, using the chassis number, etc. of the said vehicle.

B. On August 7, 2009, the Plaintiff, a corporation operating a trucking transport business, including the Plaintiff’s acquisition of each of the instant vehicles, etc. (i) the Plaintiff, a corporation, which took over the said J trucks from the Defendant Cargo Distribution Co., Ltd. (a truck for which the registration of change was completed on the ground of changes in the other City/Do by taking over the said J trucks from the Plaintiff Co., Ltd. around May 2009) and completed the registration of transfer of the said vehicles around August 7, 2009.

(2) On October 2009, the Plaintiff, including the particulars of the transfer of LA vehicles, received MM trucks (a truck, a stock company’s fixed use of the said G vehicle from B around September 2009 and completed a modified registration on the ground of a change to the place of use) from the fixed use company, and attempted to place the place of use around October 20, 2009.