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(영문) 광주고등법원 2016.07.14 2015누7226
대폐차변경신고불수리처분취소청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the instant disposition

A. The plaintiffs are companies running general trucking transport business, and the defendant is an incorporated association entrusted by the Minister of Land, Infrastructure and Transport with business affairs related to the report on the scrapping of cars.

B. 1 Plaintiffs, including the previous scrapping of the Plaintiffs and the suspension of business of the head of the Gwangju Metropolitan City Mine.

1. From March 11, 2011 to June 8, 2012, as indicated in the disposal list, the Plaintiffs registered the scrapping of cars for cleaning, which are motor vehicles for the permitted use of supply, vehicles for slaughter, and vehicles for cash transport, with a general type of motor vehicle, the supply of which is limited, or a special-purpose truck.

(2) On October 22, 2014, the head of the Gwangju Metropolitan City Mine Office: (a) on the ground that “the former registration is conducted; (b) the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015); and (c) the former Enforcement Decree of the former Trucking Transport Business Act (amended by Act No. 13382, May 26, 2015; hereinafter referred to as “former Enforcement Decree of the Trucking Transport Business Act”) stipulates that “The Plaintiffs shall be granted permission or permission for modification by changing a general or special-purpose-type truck that is permitted to be supplied through previous registration into a general or special-purpose-type truck without obtaining permission for modification.”

) Pursuant to Article 5(1), 60 days’ full suspension of business (hereinafter “previous suspension of business”).

(3) In addition, the head of the Gwangju Metropolitan City Mining Office notified the Defendant of the purport that each of the instant vehicles can be dismissed only in the previous type prior to the previous registration act, as the previous registration act was unlawful on April 10, 2015.

C. The defendant's disposition of this case is dismissed to the defendant as a truck with limited supply of each of the instant vehicles.

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