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(영문) 부산지방법원 2019.10.31 2019구합21512

유가보조금환수처분취소

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1. The Defendant’s reimbursement disposition of KRW 81,613,050 against the Plaintiff on March 5, 2019 is KRW 28,590,483.

Reasons

Details of the disposition

B On August 5, 2003, the Co., Ltd. first registered the term “water safety truck” as a salvage type special vehicle (automobile registration number: C), and transferred the name of the said vehicle to D Co., Ltd. (hereinafter “D”) on January 29, 2009.

D On August 6, 2009, the above salvage type special vehicle was reported to the towing special vehicle (the name of the vehicle: Baccor, chassis number: E) by changing it to the towing type special vehicle (hereinafter "vehicle scrapping in this case"), and since D moved its head office from Yangsan to Busan Metropolitan City, the above automobile registration number was changed to F.

(hereinafter “instant special motor vehicle”). On March 9, 201, the Plaintiff acquired the instant special motor vehicle transport business from D with respect to the instant special motor vehicle.

On October 26, 2017, the Defendant: (a) unlawfully changed the instant special motor vehicle to a towing special motor vehicle, the supply of which was permitted on August 6, 2009; and (b) on March 8, 2011, the Plaintiff issued a disposition of suspending the operation of the instant special motor vehicle for 60 days (from November 10 to January 8, 2018), on the ground that the Plaintiff “final transfer of an illegally increased vehicle,” the Defendant filed a lawsuit seeking revocation of the above suspension of operation against the Defendant on November 16, 2017, which was sentenced to the dismissal judgment on July 13, 2018 (the Busan District Court Decision 2017Guhap2380). However, the Plaintiff appealed on July 28, 2018, but the Defendant was sentenced to the final appeal on May 28, 2018 (the final appeal by the Defendant was rendered on July 28, 2018).