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(영문) 광주지방법원 2015.10.29 2015구합11486

대폐차변경신고불수리처분취소청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs are companies running general trucking transport business.

From October 2005 to August 27, 2012, the Plaintiffs registered a large-scale general or special-use-type truck (hereinafter referred to as “general-use-type truck”) in which the supply of a specific-use-type truck corresponding to the number of each vehicle in the separate disposition list “vehicle” owned by the Plaintiffs was restricted.

(2) On October 2, 2014, the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; hereinafter referred to as “former Enforcement Decree of the Trucking Transport Business Act”) provides that “each of the instant vehicles is permitted to be supplied through previous registration.” On October 22, 2014, the head of the Gwangju Metropolitan City Mine Office issued a disposition of full suspension of business 60 days (hereinafter referred to as “former Enforcement Decree of the Trucking Transport Business Act”) pursuant to Article 19(1)2 of the Trucking Transport Business Act and Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; hereinafter referred to as “former Enforcement Decree of the Trucking Transport Business Act”) to the Defendant’s previous registration act on April 10, 2015.

The plaintiffs reported the scrapping of each of the instant vehicles to a truck, such as a general type in which the supply is restricted. However, the defendant's "each of the instant vehicles was a special-purpose truck that originally allowed to be supplied."