위반차량 운행정지(60일) 처분 취소청구의 소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
1. The reasons why the court of the first instance, which cited the instant case, are identical to the reasons why the first instance judgment was rendered, except for the dismissal or addition as follows. As such, the grounds for the appeal by the Plaintiff, which were alleged in the first instance court, are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act (the grounds for the appeal by the Plaintiff, which were alleged in this court, are not significantly different from the contents asserted by the Plaintiff in the first instance court, and even if all the evidence submitted by the first instance court and this court are examined, the determination and determination of the first instance court that rejected the Plaintiff’s assertion is legitimate). A. The entry of the evidence of 11 to 13, and 23 evidence of “B” under the second instance judgment of the second instance court, i.e., the entry of the evidence of 11 to 13, and 11 to 23 evidence of “B” (including all numbers).
B. Article 16(6) of the Trucking Transport Act concerning succession to status does not apply to the transfer of part of the transferor, as in the instant case, of which the transferor has the business license and transfers part of the owner to the transferee of the truck, as in the following: (a) by inserting the business license as in the instant case, Article 16(6) of the Act on the Succession to Status; and (b) add “.”
(c)
At the bottom of the 5th sentence of the judgment of the first instance, "a defect succession clause" in the 2nd sentence shall be referred to as "a defect succession clause" in the 5th sentence.
(d)
Article 23 (3) of the former Enforcement Rule of the Trucking Transport Act (amended by Ordinance of the Ministry of Oceans and Fisheries No. 430, Dec. 31, 201) provides that "The transfer of trucking transport business is subject to the entire trucking transport business."
Provided, That the foregoing shall not apply where a trucking business operator who owns more than the number of standards for permission transfers part exceeding the number of standards for permission to another trucking business operator for the same type of business.
“The partial transfer between transport business operators did not differ from the entire transfer.” According to the evidence No. 21, the Plaintiff’s respective cargo of this case from the transferor companies, such as light quasi-transport, etc.