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(영문) 제주지방법원 2017.10.18 2017구합5250
유가보조금 환수처분 취소
Text

1. The Defendant’s disposition of restitution of the fuel subsidy amounting to KRW 45,759,270 granted to the Plaintiff on June 29, 2016 shall be revoked.

2. The costs of lawsuit shall be.

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 under the trade name of “E” from February 199, and continued to use the said vehicle after obtaining a partial license for the transport and registration of the instant vehicle from B at the time of the registration of modification.

C. On the other hand, around 2006, B obtained a permit to change the instant vehicle as oil transport tank for oil transport, and registered the said vehicle as a towing special motor vehicle, by unlawful means. D.

On November 8, 2013, the Gwangju Metropolitan City Provincial Police Agency notified that B and its representative was suspected of violating the Trucking Transport Business Act, on the grounds that "the 47 biters whose new permission is prohibited have been registered by improper means, and operated a trucking transport business."

E. On April 26, 2016, the head of Si/Gun notified the Defendant of the violation of the Trucking Transport Business Act (illegal evidence) to the effect that “B obtained permission for change to a tank for oil transport, and then assigned the instant vehicle registered as towing special vehicle by unlawful means, and is being used at the Jeju place of use.” On June 29, 2016, the Defendant notified the Plaintiff of the former Trucking Transport Business Act (Amended by Act No. 14725, Mar. 21, 2017; hereinafter “Act”).

) Under Article 44 of the Act and subordinate statutes, the Plaintiff ordered recovery of KRW 58,914,560, which was granted with respect to the instant vehicle from December 3, 2009 to April 26, 2016 (hereinafter “instant disposition”).

(f) On July 13, 2016, the Plaintiff issued the instant disposition.

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