위반차량 운행정지 처분 취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. C’s illegal increase in number C prepared a false sales contract as if it purchases one truck (tank) from March 6, 2009 to November of the same month from March 1, 2009, while running a trucking transport business under the trade name of Co., Ltd., Ltd., and filed an application for increase in the number of trucking vehicles. After obtaining a permit from the public official in charge without any separate certificate of increase in the number of trucking vehicles, C illegally increased the number of 104 number plate only for one of the above vehicle’s chassis number without obtaining a permit.
(hereinafter “instant illegal evidence”). C, on October 27, 2014, was found to have violated the Trucking Transport Business Act due to the above criminal facts, etc., and was convicted by the Jeonju District Court 2014Kahap93, which became final and conclusive on April 15, 2015.
B. Of the plaintiffs' vehicle acquisition number plates, the registered vehicle number E was transferred to Dong Logistics Co., Ltd. on August 28, 2009, and the change to B was made to B, and the registered vehicle number F was finally transferred to the plaintiff Daeho Logistics Co., Ltd. on September 4, 2009. On April 29, 2009, the registered vehicle number F was transferred to Dongdong Integrated Transport Co., Ltd., and was changed to A, and it was finally transferred to May 7, 2009 on May 7, 2009.
(hereinafter “each of the instant vehicles”). (c)
The Defendant’s disposition 1) On April 30, 2014, the chief public prosecutor of the former District Public Prosecutor’s Office notified the Seoul Metropolitan Government Mayor of the instant illegal increase, etc., and the head of Yeongdeungpo-gu Seoul Metropolitan Government requested the Defendant to take an administrative disposition on December 6, 2016 on the ground of the instant illegal increase in the number of vehicles. 2) Accordingly, the Defendant on February 1, 2017, on the ground that the Defendant did not obtain permission for change against the Plaintiffs, or that the trucking transport business for which permission for change was obtained by fraudulent or other illegal means is final taken over, pursuant to Article 19(1)2 of the former Trucking Transport Business Act (amended by Act No. 14725, Mar. 21, 2017; hereinafter “former Trucking Transport Business Act”).