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(영문) 광주지방법원 2015.06.11 2015구합10544
화물자동차 원상복구 등 처분취소
Text

1. On February 4, 2015, the Defendant issued a disposition to suspend the business of the Plaintiff for 60 days after the restoration of the truck for business use to its original state.

Reasons

Basic Facts

The plaintiff's status is a company with the purpose of cargo transportation services.

On February 1, 2011, the illegal increase in the number of car cars Co., Ltd., the Rocheon Transportation Co., Ltd. registered as a general truck A, the supply of which is permitted by using the letter of notification of car scrapping issued through the car scrapping report, which was falsely prepared on February 1, 201.

On February 15, 201, the transfer and acquisition of freight trucking services, a general freight trucking services company, a general freight trucking services company, and registered the said A vehicle as B by taking over part of the freight trucking services, and on April 18, 2011, a limited liability company, a general freight trucking services company (hereinafter “thirdjin”) acquired part of the freight trucking services from the general freight trucking services, and registered the said B vehicle as C.

On May 9, 2011, the Plaintiff acquired part of the freight trucking services, and registered the said C vehicle as D, and finally registered the vehicle number plate lost to E (hereinafter “instant truck”).

The defendant's disposition was notified to the plaintiff, and on February 4, 2015, the defendant's disposition was made.

Since the Plaintiff succeeded to the status of the Plaintiff as a trucking business operator by acquiring the instant vehicle, which was illegally modified as stated in paragraph (1), the Plaintiff’s operation of the instant truck constitutes an alteration of the permitted matters without obtaining permission for alteration, and thus, Articles 19(1)2, 3(3), and 16(4) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”) pursuant to Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (hereinafter “former Enforcement Decree of the Trucking Transport Business Act”).

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