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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 2, 2006, the “Nitcor”, which was manufactured on November 2, 2006, was newly registered as C in the name of a stock company B (hereinafter “B”) on January 2, 2007, and the change was registered as D in the name of the Plaintiff on January 12, 2007.
(hereinafter referred to as “instant vehicle”). (b)
The Plaintiff was running a trucking transport business with the trade name of “E” from February 199, and continued to use the said vehicle after obtaining partial permission from B for the transport and registration of the instant vehicle at the time of the registration of modification.
C. Meanwhile, B purchased a tank which is permitted to increase the number of vehicles in around 2006, but forged a sales contract or falsely prepared a sales contract, and submitted the sales contract to the competent authority to obtain permission to change the freight trucking services, and registered the instant vehicle, which is a Trackter, which is prohibited from increasing the number of vehicles using it.
On November 8, 2013, the Gwangju Metropolitan City Provincial Police Agency notified that B and its representative were suspected of violating the Trucking Transport Business Act, on the grounds of the reason that the head of Seongbuk-gu Seoul Metropolitan City Police Agency "registered 47 bits prohibited from new permission by fraudulent means and operated a trucking transport business."
E. On April 26, 2016, the head of Si/Gun notified the Defendant of the violation vehicle of the Trucking Transport Business Act (illegal evidence) to the effect that “B is transferred the instant vehicle registered as towing special vehicle after obtaining permission for change to a tank for oil transport, and is in use at the presentation by unlawful means,” and the Defendant, on June 29, 2016, issued a notice to the Plaintiff on June 29, 2016 pursuant to Article 44 of the former Trucking Transport Business Act (amended by Act No. 14725, Mar. 21, 2017; hereinafter “ Trucking Transport Business Act”) under the relevant Act, pursuant to Article 44 of the former Trucking Transport Business Act (amended by Act No. 14725, Apr. 26, 2016).