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(영문) 광주고등법원 2016.05.26 2015누6988
사업정지처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition suspending the business against the Plaintiff on September 29, 2014 for 30 days.

Reasons

1. Details of the instant disposition

A. On April 27, 2007, the Gwangju Heavy Co., Ltd., a limited liability company for the illegal scrapping of the Gwangju Heavy Co., Ltd. (hereinafter “Seoul Heavy Co., Ltd.”) scraped a specific-use-type truck which is permitted to be supplied by means of making a false entry into the “general type” column in the report form for the scrapping of the company on April 27, 2007 and completed its registration as A.

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

On September 10, 207, the Plaintiff’s final transferee of the Plaintiff’s truck: (a) acquired the said D vehicle from the foregoing Gwangju Heavy Co., Ltd. and registered it as B; (b) on May 20, 208, the Co., Ltd., a limited liability company acquired the said B vehicle from the said limited liability company D Co., Ltd. and registered it as C; (c) on January 25, 2010, the limited liability company E Co., Ltd. acquired the said C vehicle from the above limited liability company E Co., Ltd. and registered it as D; and (d) on November 6, 2012, the Plaintiff, who is engaged in the general trucking transport business, registered the said D vehicle as a special-use truck (free-type truck) from the said limited liability company E Co., Ltd., Ltd., to acquire the said vehicle from the said limited liability company E Co., Ltd. and registered it as D Co., Ltd. on November 12, 2012.

C. On September 29, 2014, the Defendant issued a 30-day disposition suspending the instant truck business (hereinafter “instant disposition”) pursuant to Articles 16(4) and 19(1)2 of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015; hereinafter “former Trucking Transport Business Act”) on the ground that the Plaintiff acquired a vehicle for which permission of change was obtained by unjust means.

The plaintiff of the previous trial procedure and the non-execution of the instant disposition is dissatisfied with the instant disposition, Gwangju Metropolitan City on October 10, 2014.

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