개인택시운송사업면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 15, 2016, the Plaintiff entered into a contract with B for the acquisition or transfer of private taxi transportation business (hereinafter “instant business”) with B, and obtained authorization for the acquisition or transfer from the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) on July 27, 2016, and operated private taxi transportation business from around that time.
B. On February 6, 2018, the Defendant revoked the Plaintiff’s private taxi transport business license on the ground that “B’s driver’s license was revoked on September 9, 2016, and the Plaintiff obtained a defective business license as above from B.”
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 7, the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is a bona fide transferee who acquired the instant business without seeking the cancellation of the Plaintiff’s driver’s license. Rather, the head of Jung-gu or the Defendant did not perform his/her duty to inquire about the validity of the transferor’s driver’s license at the time of applying for authorization for the acquisition of the instant business, and the Plaintiff did not perform it properly. The Plaintiff has run an exemplary business for about 18 months since the acquisition of the instant business, and the Plaintiff bears the duty to repay the loans he/she borrowed for the acquisition of the instant business at once when the Plaintiff’s personal taxi transport business license is revoked, taking into account the fact that the disadvantage suffered by the Plaintiff is significantly larger than the public interest gained from the instant disposition, and thus, the instant disposition constitutes an abuse of discretionary authority.
(b) as shown in the attached Form of the relevant statutes;
C. According to the findings of fact inquiry and the purport of the entire arguments by the head of the Jung-gu Seoul Metropolitan Government, the head of the Jung-gu, upon receipt of an application for authorization on the acquisition or transfer of the business of this case from the Plaintiff, the head of the Gu.