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(영문) 광주지방법원 2020.11.19 2019구합866
행정처분 무효 확인의 소
Text

All of the plaintiff's lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On December 31, 2013, the Plaintiff purchased the instant automobile from the 2010-to-pubed vehicle (automobile registration number B, hereinafter “the instant automobile”).

From 2014 to 2019, the Defendants imposed a fine for negligence (hereinafter referred to as “instant fine for negligence”) on the Plaintiff on the ground of the violation of parking and stopping regulations, etc., as shown in attached Table 1 of the Road Traffic Act, pursuant to Article 160.

[Grounds for recognition] The plaintiff asserted the legitimacy of the lawsuit of this case as a whole, in the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, and Eul Nos. 1 through 6 (including the number of branches), and the purport of the whole pleadings, and whether the lawsuit of this case is legitimate or not, around early 2014, the plaintiff sold the motor vehicle of this case to Eul and delivered all documents necessary for the registration of transfer, such as the certificate of transfer

Since then, C continued to operate the instant vehicle without implementing the procedure for the registration of the transfer of the vehicle, which was in violation of the administrative fine of this case.

Therefore, the imposition of the fine for negligence in this case is illegal as it is against the person who is not the violator.

(b) Attached Form 2 of the relevant statutes;

C. ex officio, we examine whether the administrative fine of this case is subject to administrative litigation.

Article 160 of the Road Traffic Act provides that administrative fines shall be imposed on the violation of the Road Traffic Act, and there is no separate provision on the procedure of objection to the imposition of administrative fines.

On the other hand, Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the administrative fine, if there is an objection, the imposition of the administrative fine shall lose its effect, and the administrative agency in receipt of the objection shall file an objection within 14 days from the date on which the objection is received.

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