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(영문) 광주지방법원 2015.01.15 2014구합10936
화물자동차 대폐차신고수리 불허(거부)처분 취소의 소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s status are trucking transport business operators running general trucking transport business, and the Defendant is an organization that is a trucking transport business operator established under Article 48(1) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), which is entrusted by the Minister of Land, Infrastructure and Transport with the acceptance of reports on the scrapping of trucks by the Minister of Land, Infrastructure and Transport pursuant to Article 64(1) of

B. On March 10, 2014, the head of Pyeongtaek-gu Gun issued a disposition to suspend the operation of the trucking transport business for 60 days (from March 25, 2014 to May 23, 2014) based on Articles 19(1)2 and 3(3) of the Trucking Transport Business Act, based on the reason that the Plaintiff changed the type of general trucks for which the supply of the special-purpose truck allowed without permission for change was restricted, and that the Plaintiff obtained permission for change of the principal office, including the cancelled registration number, and obtained additional motor vehicle registration number.

(hereinafter “instant disposition of suspension”). C.

On April 11, 2014, the head of Bupyeong-gu Gun decided to revoke the permission of trucking transport business and to suspend the validity thereof. On the ground that the Plaintiff was engaged in trucking transport business during the entire suspension period in violation of the instant disposition of suspension, the head of Pyeongtaek-gu Gun issued a disposition to revoke the permission of trucking transport business (hereinafter “instant disposition”).

On May 21, 2014, the Plaintiff filed a lawsuit against the head of Pyeongtaek-si seeking the revocation of the instant disposition under this Court 2014Guhap10738. At the same time, the Plaintiff filed an application seeking the suspension of the instant disposition under the court 2014Ga530, and this court accepted the Plaintiff’s application for the suspension of its validity on May 30, 2014, and the validity of the instant disposition is the same as the instant lawsuit.

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