대폐차신고수리거부처분취소
1. Acceptance of a report on the car scrapping for the vehicles listed in the table Nos. 1 to 5, 7, and 14 among the instant lawsuit in the annexed table No. 1.
1. Details of the disposition;
A. From July 201 to June 2012, the Plaintiff reported vehicles listed in the separate sheet No. 1, a special purpose-type truck (cleaning vehicle) owned by himself/herself, as a general truck.
The head of the Gwangju Metropolitan City Mine-gu (hereinafter referred to as the "mining head of the Gu") shall substitute the special-purpose truck (hereinafter referred to as "permitted truck") for a general truck with which new supply is restricted in accordance with the criteria for the supply of trucking transport services in 2011 and the criteria for the supply of trucking transport services in 2012 (hereinafter referred to as "supply criteria"), and make a 60-day alteration of the permitted permit without permission for alteration and make a disposition for full suspension of the business (hereinafter referred to as "the instant disposition for suspension") on the ground that the Plaintiff violated Article 3 (3) of the Trucking Transport Business Act.
B. Although the Plaintiff filed a lawsuit against the head of the mine area seeking revocation of the instant disposition of suspension, the Plaintiff’s claim was dismissed (Seoul District Court Decision 2014Guhap11847 Decided July 16, 2015), and both the Plaintiff’s appeal and appeal were dismissed, and the said judgment became final and conclusive.
(See Supreme Court Decision 2015Nu6117 Decided December 3, 2015, and Supreme Court Decision 2015Du60600 Decided April 12, 2016).
On January 7, 2016, the Plaintiff reported to substitute a vehicle for a general truck as a truck after borrowing and registering the vehicle B, which is a general truck owned by himself/herself (attached Form 1 No. 6, as the competent administrative agency changed to the subordinate city, the vehicle number was also changed accordingly; hereinafter “instant vehicle”). However, the Defendant, on January 7, 2016, filed a report to substitute the vehicle for a general truck (hereinafter “instant report”). On the basis of Article 14-2 of the Regulations on the Management of Motor Vehicle Scrapping (hereinafter “Rules on the Dismissal of Motor Vehicles”).