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광주지방법원 2014.11.13 2013구합2983

상업용화물자동차 유가보조금 지급정지처분취소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff operating the Plaintiff’s trucking transport business was established on September 11, 1990 for the purpose of trucking transport business, etc. and has been operating the trucking transport business (general cargo) up to now, and the Plaintiff is a corporation that has been operating the trucking transport business (general cargo) and is managing the rolling stock by entering into a contract with the borrower as indicated in attached Table 1 with respect to the Track for business towing type special vehicle.

B. According to Article 3(5)1 of the Trucking Transport Business Act, which was amended by Act No. 7100 on Jan. 20, 2004 and enforced on April 21, 2004 (hereinafter “ Trucking Transport Business Act”), permission for modification accompanying the increase of trucking transport businesses shall meet the supply standards publicly notified by the Minister of Land, Infrastructure and Transport in consideration of transport demand of cargo, and as seen thereafter, Article 205-436 of the Ministry of Construction and Transportation, which is the supply standards for trucking transport businesses, applied at the time of the Plaintiff’s application for permission for the change of trucking transport businesses, prohibits new supply of trucking transport businesses (permission). However, according to Article 2 subparag. 1 and 3 of the Trucking Transport Business Act, a truck used for towing special purpose type trucking transport business, including the above provision of trucking transport business, including the foregoing special purpose type No. 1 and No. 2 of the Enforcement Rule of the Motor Vehicle Management Act, is restricted.

(c) If an application for permission to change a truck and procedures for registration is filed against the defendant for permission to change the motor vehicle for trucking transport business and for registration of the motor vehicle for business, the procedure for the defendant's business.