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(영문) 광주고법 1971. 7. 23. 선고 71라4 제2민사부판결 : 확정
[자동차운행불허결정에대한항고사건][고집1971민,414]
Main Issues

Competent Court of Application for Motor Vehicle Operation License

Summary of Decision

Since the disposition of the court's execution act or cooperation in such act belongs to the exclusive jurisdiction of the district court which is the executing court, the decision on the application for an automobile operation permission shall be made by a single judge of the district court which is the executing court, but the decision made by the collegiate panel shall not be so unfair

[Reference Provisions]

Articles 503 and 524 of the Civil Procedure Act

Reference Cases

Supreme Court Order 67Do3 delivered on March 29, 1967 (Supreme Court Decision 7631 delivered on March 29, 1967, Supreme Court Decision 15DoDo268 delivered on July 15, 196, Supreme Court Decision 524(1)1049 of the Civil Procedure

An appellant;

East Transportation Corporation

Other party (creditor)

Other Party

Judgment of the lower court

Jeju District Court ( Order 71Ka390) in the first instance trial

Text

The original decision shall be revoked.

Reasons

The reason for the application of this case by the applicant (the debtor) is that the same court is under execution by the original copy of an order of acceptance with executory power of Jeju District Court 71Ka337 on the motor vehicle listed in the separate sheet, and the said motor vehicle (taxies) is revoked by the Motor Vehicle Transport Act if it is no longer operated for a long time than after being operated. Accordingly, the motor vehicle cannot be sold out of the scrap metal as a result of the cancellation of the chassis number, and the motor vehicle can not be sold out of the scrap metal. Meanwhile, the main case between the applicant and the respondent is appeal and the decision of suspension of compulsory execution by the appellate court of Gwangju, which is the appellate court.

Therefore, the decision on the application for the license for the operation of the motor vehicle in this case is justifiable by a single judge, who is the executing court, because the decision on the application for the license for the operation of the motor vehicle in this case is unlawful, since the original decision made by the collegiate panel is unlawful and unfair, it is decided to revoke the original decision without examining the reasons for the appeal in this case.

[Attachment List omitted]

Judges Go-do (Presiding Judge)

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