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(영문) 서울행정법원 2017.09.21 2017구합62471

여객자동차운송사업 양도ㆍ양수 신고 반려처분 취소

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1. On April 12, 2017, the Defendant rendered a disposition to return a report on transfer or acquisition of passenger transport business to the Plaintiff.

Reasons

The details and details of the disposition are as follows: from December 24, 1966 to December 24, 1966, the Plaintiff owned a total of 110 taxis from 67-ro 17, Geumcheon-gu Seoul Metropolitan Government (Mosan-dong) and operated a general taxi transport business.

On March 22, 2013, the Defendant: “The Plaintiff: (a) leased the Plaintiff’s vehicle from July 3, 2006 to September 14, 2010 to KRW 263 times; (b) from March 3, 2007 to September 30, 2010 to KRW 233 times; and (c) from April 2007 to September 30, 2010 to KRW 294 times; and (d) from July 31, 2007 to December 31, 208, caused D to operate passenger transport business based on the former Passenger Transport Service Act (amended by Act No. 11381, Mar. 13, 2013; hereinafter “instant order to reduce the number of vehicles”); and (d) from July 30, 2007 to December 31, 208, the Defendant ordered D to reduce the number of vehicles using monthly rent per vehicle.”

The Plaintiff filed a lawsuit seeking revocation of the instant order to reduce the number of vehicles with the Seoul Administrative Court 2013Guhap9922, and the said court rendered a judgment dismissing the Plaintiff’s claim on November 20, 2014.

The Plaintiff appealed as Seoul High Court Decision 2014Nu71827 on the above judgment, and the above court rendered a judgment in favor of the Plaintiff that the part concerning the total of 64 units E, etc. in the instant order to reduce the number of units (hereinafter “part of the order to reduce the number of units”) was revoked.

As to this, the Plaintiff and the Defendant appealed to the Supreme Court Decision 2015Du48235 on the part against which they lost. On March 24, 2016, the Supreme Court rendered a judgment against the Plaintiff that “The part against the Defendant against which the Defendant lost (part of revocation of the reduction order to reduce the number of vehicles) is reversed, and that this part of the case is remanded to the Seoul High Court.”

After that, the Seoul High Court rendered a judgment on January 12, 2017 that "the plaintiff's appeal against the order to reduce the number of vehicles among the judgment of the first instance is dismissed," and this judgment is accordingly.