화물자동차감차처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion is that the Plaintiff, as a trucking transport business operator, obtained the ownership transfer registration for each truck listed in the separate sheet (hereinafter “each of the instant vehicles”) in 2012. On February 24, 2015, the Defendant instructed the Plaintiff to voluntarily cancel the registration of the instant vehicle by March 27, 2015 on the ground that the Plaintiff, on the ground that the Plaintiff, as a trucking transport business operator, obtained the ownership transfer registration for each of the instant vehicles listed in the separate sheet (hereinafter “each of the instant vehicles”). On February 24, 2015, the Defendant, on the ground that he/she completed the instant vehicle in violation of Articles 3(3) and 19(1)2 of the Trucking Transport Business Act (if the permission for change
2. Determination on this safety defense
A. The Defendant’s instant notice of defense is merely a solicitation and does not constitute an administrative disposition that is the subject of an appeal litigation. Therefore, the instant lawsuit is unlawful.
B. 1) The term “administrative disposition”, which is the subject of an appeal litigation, refers to an act of an administrative agency’s public law, which directly changes in the specific rights and obligations of the citizens, such as ordering the establishment of rights or the burden of obligations under laws or regulations, or giving rise to other legal effects with respect to a specific matter. An act, etc., which does not directly cause legal changes in the legal status of the other party or other persons concerned, such as actions, intermediation, solicitation, and de facto notification within the administrative authority, cannot be the subject of an appeal litigation (see, e.g., Supreme Court Decision 2006Du18362, Sept. 11, 2008). The instant notice takes the form of “information” as well as the form of the document, which recommends the Plaintiff to voluntarily cancel each of the instant vehicles by March 27, 2015.