등록취소처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The trucks listed in the separate sheet No. 1 that the Plaintiff acquired were added to a truck (general type - car) the supply of which was limited after obtaining a permit from around 2010 to 2012 as a truck (cleaning or cash transport vehicle) and then making a substitute-vehicle scrapping and attaching the registration license plate to the truck (general type - car) the supply of which was limited.
B. Accordingly, on February 3, 2017, the Defendant issued a disposition to suspend the operation of 60 days for trucks listed in the attached Table 1 [Attachment Table 1] to the Plaintiff pursuant to Article 19(1)2 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 5(1) [Attachment Table 1] 2 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 26302, Jun. 1, 2015; hereinafter the same shall apply) on the ground that the trucks listed in the attached Table 1 list changed permitted matters without obtaining permission for change. On August 11, 2017, the Defendant issued a disposition to reduce the number of trucks for trucks listed in the attached Table 1 (hereinafter “automobile reduction disposition”).
C. On November 23, 2017, the Plaintiff did not comply with the disposition to reduce the number of trucks, and the Defendant revoked ex officio the registration of automobiles for trucks listed in the separate sheet No. 1 on the basis of Article 13 of the Automobile Management Act (hereinafter “instant disposition”).
Meanwhile, around October 2016, the Plaintiff filed an application for the scrapping of trucks listed in the separate sheet No. 2, 2016, with Jeonnam-do Trucking Transport Business Association, and the said Association accepted only the report of scrapping and did not take any measures therefor. However, the Defendant revoked ex officio the registration of the automobiles for trucks listed in the separate sheet No. 2 (hereinafter “instant two dispositions”) on the ground that the expiration of the time limit for the scrapping of trucks on April 17, 2017, pursuant to Article 14 of the Regulations on the Handling of Motor Vehicle Scrapping Business (hereinafter “Regulation on the Scrapping”).
[Ground of Recognition] Unsatisfy, Gap's 1 to 3, 5, 5.