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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The purport of the Plaintiff’s assertion is that the Plaintiff, as a trucking transport business operator, had the registration of transfer of each of the instant vehicles from around 2009 to around 2011. On February 24, 2015, the Defendant instructed the Plaintiff to voluntarily cancel the registration of transfer by March 27, 2015 on the ground that the Plaintiff was confirmed to have taken over each of the instant vehicles in violation of Articles 3(3) and 19(1)2 of the Trucking Transport Business Act (where the permission of change was obtained or the permission of change was modified without obtaining the permission of change) of the Trucking Transport Business Act and the Automobile Management Act was confirmed by the relevant agency (hereinafter “instant notification”), and the instant notification is unlawful, such as being made without any legal basis.
2. Whether the lawsuit of this case is lawful
A. The Defendant asserts that this case’s notification does not constitute an administrative disposition subject to appeal litigation, and thus, is unlawful.
B. 1) The term “administrative disposition”, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law, which causes direct change in the specific rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations under laws or regulations, or causing other legal effects with respect to a specific matter. An act, etc., which does not cause direct legal change in the legal status of the other party or other persons concerned, such as actions, intermediation, solicitation, and de facto notification within the administrative authority, cannot be subject to an appeal litigation (see, e.g., Supreme Court Decision 2006Du18362, Sept. 11, 2008). In light of the foregoing legal doctrine, the instant notification is recommended by the Plaintiff to voluntarily cancel each of the instant vehicles by March 27, 2015, and the form of the document is taking the form of “information”, as well as the form of the document directly changing the Plaintiff’s status to each of the instant vehicles.