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(영문) 광주지방법원 2018.01.18 2017구합12612
화물자동차 운수사업법 위반차량 감차조치 처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (from May 14, 2010 to May 23, 2013) The former owners of each of the instant cargo vehicles listed in attached Table 1 (hereinafter “instant cargo vehicles”) stated in attached Table 1 for illegal scrapping of the instant cargo vehicles (hereinafter “instant cargo vehicles”) have increased the instant cargo vehicles by replacing the instant cargo vehicles for special-purpose truck (fire-fighting vehicles, scambling vehicles, etc.) from May 14, 2010 to May 23, 2013, and attaching its registration number to the general-type truck without being permitted to supply them.

(A) No. 2, 4 pages).

1) The Plaintiff is a trucking transport business operator who operates a general cargo transport business. 2) The Plaintiff finally acquired the instant cargo vehicle from (oil)B, etc., and reported the transfer and acquisition of the instant cargo transport business to the Defendant.

C. (2) On January 17, 2017, the Defendant issued the following dispositions to the Plaintiff on February 3, 2017, following prior notice on January 17, 2017 (hereinafter “first disposition”).

) (No. 1 and 2 Evidence A). The former owner of the instant cargo vehicle for the reason of the disposition has illegally increased the details of the disposition by filing a report on the scrapping of the instant cargo vehicle for a general type of truck that is a special purpose-type truck that is allowed to be supplied from May 14, 2010 to May 23, 2013, for which the supply of the instant cargo vehicle is not allowed, by means of a report on the scrapping of the instant cargo vehicle for a general type of truck in which the supply of the instant cargo vehicle is not allowed. The instant trucking Transport Business Act

) Articles 16(4) and 19(1)2 and 3(3) of the former Enforcement Decree of the Trucking Transport Act (amended by Presidential Decree No. 27782, Jan. 10, 2017; hereinafter referred to as the “former Enforcement Decree of the Trucking Transport Act”).

() Article 5(1) [Attachment 1] 2 subparag. 2 of the Plaintiff fully implemented the first disposition by April 3, 2017.

(C) there is no dispute.

(0) The Defendant issued the instant disposition on the ground of the illegal scrapping of the relevant goods on July 14, 2017, following prior notice on July 14, 2017, to the Plaintiff on August 10, 2017.

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