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(영문) 광주지방법원 2014.10.30 2014구합10967
화물자동차 등록번호 직권말소등록 등 처분취소의 소
Text

1. Of the instant lawsuit, the part concerning the claim for the revocation of the suspension of payment of fuel subsidies shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Plaintiff’s status was changed from B to C at the time of the first establishment of the Plaintiff, and the trade name was changed to A, which is the current trade name. The Plaintiff is a trucking transport business entity who runs a general trucking transport business after obtaining a new automobile registration number as to 42 trucks including each truck listed in the attached Table 1 (hereinafter “each truck of this case”) from the Defendant, while moving its principal office from Yeongdeungpo-gu Seoul Metropolitan Government as a business entity for general cargo transport business, and completing the registration of the change of the motor vehicle.

B. On March 10, 2014, the Defendant’s disposition of business suspension and cancellation of permission, etc. of the Defendant’s business suspension, etc. (1) prior to the amendment of the former Trucking Transport Business Act (amended by Act No. 12475, Mar. 18, 2014) on the grounds that the Plaintiff changed the Plaintiff into a general truck with limited specific-use type truck that is allowed to supply without permission for change, etc., and the following “former Trucking Transport Business Act”:

) Based on Article 19(1)2 and Article 3(3) of the former Trucking Transport Business Act, the Defendant’s revocation of permission and the suspension of execution on April 11, 2014 against the Plaintiff on the ground that the Plaintiff was engaged in trucking transport business during the entire suspension period of business, based on Article 19(1)2 and Article 3(3) of the same Act.

Accordingly, on May 21, 2014, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the above revocation disposition (this court 2014Guhap10738), and applied for suspension of execution of the above revocation disposition (this court 2014dohap530), and this court on May 30, 2014.

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