위반차량 운행정지 등 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) the “E” of the vehicle number column in the second and third tables of the judgment of the court of first instance is added to H; and (b) the reasoning of the judgment of the court below is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the court below as to the Plaintiff’s assertion, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination
A. The act of a permitting agency accepting a report on the transfer or takeover of a trucking transport business by the Plaintiff’s assertion is not merely an act of accepting a report on the transfer or takeover of the business by the legal effect of the transfer or takeover of the business under private law, but also an act of cancelling a transferor’s business license and establishing a legal right to operate the business lawfully to the transferee, and constitutes an administrative disposition.
According to the legal nature of such a disposition of transfer, acquisition, or acceptance of a trucking transport business, the head of Daegu Metropolitan City, the head of Seo-gu, and the Defendant’s acceptance of the report on transfer or acquisition of the trucking transport business of this case shall confirm that the transferor’s right to transport business of this case is a general truck legally increased vehicle and shall be deemed to have expressed the transferee’s public opinion that permits the same type of transport business rights. Thus, the instant disposition is unlawful as it is against
B. The acquisition or transfer of a trucking transport business is already conducted when the substance of the permission-granting agency’s act of accepting a report on the transfer or acquisition of the trucking transport business cancels the transferor’s business permission and establishes a statutory right to operate the business lawfully.