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(영문) 서울고등법원 2018.02.06 2017누76991
여객자동차운송사업 양도ㆍ양수 신고 반려처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts to be filled or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The 4th written judgment of the first instance court shall consist of the 5th to the 5th one as follows.

The Plaintiff appealed as Seoul High Court Decision 2017Nu44703 on the above judgment, and the above court rendered a ruling dismissing the Plaintiff’s appeal on November 1, 2017, and the Plaintiff’s appeal against the above judgment is still pending in the final appeal (Supreme Court Decision 2017Du7029).

Note 1, 3-11 of the first instance judgment "Nos. 1, 3-10" shall be written on the five pages of the first instance judgment.

Documents No. 3, 4, and Eul No. 12 of the first instance judgment No. 6 of the first instance judgment "A No. 3" shall be written in the form of evidence No. 3, 4, and 12 of the first instance judgment.

From the 6th bottom of the judgment of the first instance, the 7th to the bottom of the 6th one shall be as follows:

The Plaintiff appealed as Seoul High Court Decision 2017Nu44710 on the above judgment, and the above court rendered a decision to dismiss the Plaintiff’s appeal on November 16, 2017, and the Plaintiff’s appeal against the above judgment is pending in the final appeal (Supreme Court Decision 2017Du69823) at the present time.

On the other hand, on August 18, 2017, the Seoul High Court extended the validity period of the revocation disposition of the instant passenger transport service license until November 15, 2017 (Seoul High Court 2017da1384). The Supreme Court suspended the validity of the revocation disposition of the instant passenger transport service license until the pronouncement of the Supreme Court Decision 2017Du69823 Decided November 30, 2017.

(Supreme Court Decision 2017A616). The following is added to the 7th sentence “illegal” of the first instance judgment.

Supreme Court Decision 2006Du17543 Decided March 29, 2007 see Supreme Court Decision 2006Du17543, also, the Plaintiff’s appeal is dismissed in the above Supreme Court Decision 2017Du69823, and the revocation of the instant passenger transport service license becomes effective.

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