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(영문) 광주지방법원 2015.06.11 2015구합10537
화물자동차 감차처분취소
Text

1. The Defendant’s disposition to reduce the number of trucks for business use against the Plaintiff on February 4, 2015 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

Basic Facts

The plaintiff is a company with the purpose of transportation business.

On March 10, 2009, Daedo ELS Co., Ltd. (hereinafter referred to as "Largedo ELS") acquired a vehicle A, a special-purpose truck that is allowed to be supplied from Gangwon Logistics, and registered as B after reporting the scrapping of the vehicle as a general truck, the supply of which is limited.

According to the evidence No. 4 of May 6, 2009, the Plaintiff appears to be a clerical error in May 7, 2009 on the date of transfer or takeover of freight trucking services claimed by the Plaintiff.

The Plaintiff acquired part of the freight trucking services from the Daedo LS and registered the said B vehicle as C (hereinafter “instant truck”).

After giving notice to the Plaintiff, on February 4, 2015, the Defendant’s notice was given to the Plaintiff.

Since the Plaintiff succeeded to the status of the Plaintiff as a trucking business operator after acquiring the instant B vehicle by unlawful means, such as the foregoing, as stated in Article 19(1)2, Article 3(3), and Article 16(4) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) on the ground that the Plaintiff’s operation of the instant truck constitutes an alteration of the permitted matters without obtaining permission for alteration, the instant disposition to reduce the number of trucks to “registration at the place of business of registration of the instant truck by March 3, 2015” under Article 13(1) of the Automobile Management Act (hereinafter “instant disposition”).

(1) [Reasons for Recognition] A] without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 (including the provisional number, the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of relevant laws and regulations are merely a substitute scrapping within the scope of the permitted number of vehicles, and the special purpose-type truck can be substituted for a general truck before a guideline as to the prohibition of increase of a general truck is issued.

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