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(영문) 광주지방법원 2015.09.24 2015구합837
사업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 27, 2007, the Gwangju Heavy Co., Ltd. (hereinafter referred to as “Seoul Heavy Co., Ltd.”) scraped a special-use type truck allowed to be supplied using the letter of notification of scrapping falsely prepared on April 27, 2007 and completed the registration as A by leasing it to a limited general truck.

(hereinafter referred to as the "vehicle scrapping of this case"). B.

On September 10, 207, the Plaintiff’s acquisition of the truck by transfer of the said Category A from Gwangju Heavy Co., Ltd. and registered the said Category B as B, and on May 20, 2008, the Co., Ltd., the Co., Ltd., a limited liability company acquired the said Category C vehicle from the said limited liability company, and registered the said Category C vehicle as C (hereinafter “the instant truck”). On January 25, 2010, the Co., Ltd.’s acquisition by transfer of the said Category C vehicle from the foregoing limited liability company EM, and on August 30, 2010, the Plaintiff, a company for the purpose of transportation business, etc., registered as D vehicle by transfer of the said Category D vehicle from the above Co., Ltd. on November 12, 2012.

C. The Defendant’s disposition suspending business is against the Plaintiff, and the Defendant’s aforementioned disposition is against the Plaintiff on September 29, 2014.

In accordance with Article 19(1)2 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”) on the ground that the Plaintiff succeeded to the status of the Plaintiff as a trucking business operator after the final acquisition of the instant truck, and the Plaintiff’s operation of the instant truck constitutes an alteration of the permitted matters without obtaining permission for alteration, the Plaintiff issued a 30-day disposition of suspension of business for the instant truck (hereinafter “instant disposition”).

The plaintiff of the previous trial procedure in this case.

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