직권말소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a trucking transport business entity licensed for trucking transport business under the Trucking Transport Business Act.
B. The Plaintiff submitted to the Gwangju Metropolitan City Trucking Transport Business Association (hereinafter referred to as the “ Trucking Transport Business Association”) a report on the alteration of permitted matters for trucking transport business concerning vehicles for automobile transport, which is a special-purpose truck that is allowed to increase the number of vehicles (hereinafter referred to as “motor vehicles for special-purpose use”), stating only “business use” in the column of the “report on the alteration of permitted matters for the trucking transport business of the motor vehicles for automobile transport (hereinafter referred to as “report on the repair of the
After the trucking Association received a notification of the change in the permitted matters of trucking transport business (hereinafter referred to as the " notification of the repair of the car-scrapping"), the Plaintiff changed the registration to a general truck with a specific purpose type of truck not allowed to increase the number of trucks (hereinafter referred to as the "general truck") by submitting it to the North-gu Seoul Metropolitan City Office.
C. On August 2, 2016, the Defendant, in violation of Articles 3(3) and 5 subparag. 1 of the former Trucking Transport Business Act (amended by Act No. 14552, Jan. 17, 2017; hereinafter “ Trucking Transport Business Act”), proposed the registration of cancellation ex officio pursuant to Article 13(3) subparag. 5 of the Motor Vehicle Management Act, and notified the Plaintiff of the content of the request by submitting his opinion by August 17, 2016.
On August 5, 2016, the Defendant notified the Plaintiff on August 5, 2016 that the registration of the instant motor vehicle will be cancelled ex officio, and that the hearing will be conducted on August 19, 2016.
E. On August 31, 2016, the Defendant issued a notification of the repair of the scrapping to the Plaintiff by unlawful means, and registered as a general truck with the restriction on supply by using the notification, and thus, registered by fraudulent or other unlawful means.