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(영문) 부산고등법원(창원) 2020.06.17 2019누12091

화물차운송사업허가처분취소

Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance (excluding the case "3. conclusion" hereinafter), except for dismissal or addition as stated in Paragraph 2.

Therefore, based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, this is quoted.

2. Parts to be removed or added;

A. The second 12th 12th 12 of the judgment of the court of first instance (including the number of pages; hereinafter the same shall apply) newly registered "D" as "P, but revised as Q on June 20, 1996."

(b) The second 13th 13th 13th 13th 197 of the judgment of the court of first instance is “B” and the fourth 12th 12th 12th (except for the part in the table) is “Termination of the above consignment management contract” and “B 1-4, 6, and 7” in the fifth st 5th st 13th 197 are “B 1-7.”

C. The fifth of the judgment of the first instance court “2. Whether the instant disposition is legitimate” is dismissed as “3. Whether the instant disposition is legitimate,” and the following is added thereto:

2. As to the Intervenor’s main defense against the Intervenor, the Intervenor’s instant disposition was made to the Intervenor, and the Plaintiff, a third party, has no standing to institute a lawsuit against the Defendant, and thus, the instant lawsuit ought to be dismissed in an unlawful manner.

The main sentence of Article 12 of the Administrative Litigation Act is that a person who has a legal interest in seeking the revocation of a disposition, etc., may institute a suit.

“Rules”.

In addition, in light of the purport of the entire argument in the statement in Eul evidence No. 1, as long as the disposition of this case remains effective, the plaintiff cannot enjoy the status of the person who was granted permission for one of the freight trucking services (F freight trucking services) held by the previous plaintiff as long as the disposition of this case remains effective.

Thus, the plaintiff loses the status of the person who permitted the above disposition of this case.