유가보조금환수처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 12, 2016, the Plaintiff was a company established for the purpose of trucking transport business, etc., and acquired a trucking transport business license on September 20, 2016.
On November 17, 2016, the Plaintiff acquired the instant truck 6.5 tons B (hereinafter “instant vehicle”) newly registered on October 11, 2016, and filed a report on the transfer or acquisition of the relevant trucking transport business.
B. However, the instant vehicle had been in violation of Article 19(1)2 of the Trucking Transport Business Act (illegal vehicles) and entered such fact in the register of automobiles on October 17, 2017.
C. On January 26, 2018, the Defendant ordered the Plaintiff to return fuel subsidies received in relation to the instant vehicle from December 23, 2016 to December 26, 2017 (hereinafter “instant fuel subsidies”) by prescribing Article 44 of the former Trucking Transport Business Act (amended by Act No. 15127, Nov. 28, 2017; hereinafter “ Trucking Act”).
(hereinafter “Disposition in this case”). [Ground for recognition] A] The fact that there is no dispute, each entry of Gap 1-5 evidence, and the purport of the whole pleadings.
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. 1) The gist of the Plaintiff’s assertion is to be revoked on the following grounds. ① The Plaintiff’s act of receiving the instant fuel subsidy does not constitute “the case where the Plaintiff received the subsidy by false or unlawful means” as prescribed by Article 44(3) of the Trucking Transport Business Act, since the Plaintiff was not aware that the instant fuel subsidy was illegally increased. ② The Plaintiff used the entire amount of the instant fuel subsidy in line with the intended purpose, and thus, the Defendant’s instant disposition ordering the full return of the fuel subsidy was deviates from or abused by discretionary power (a) determination on the principal claim (Article 44(3) of the Trucking Transport Business Act) (A) of the judgment on the principal claim.