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(영문) 광주지방법원 2015.04.23 2014구합11571
원상회복 명령 등 처분 취소 청구의 소
Text

1. On August 19, 2014, the Defendant’s restoration of the violating vehicle to the original state against the Plaintiffs, and the full suspension of the business is 60 days.

Reasons

1. The Plaintiffs, who are the basic fact-finding trucking transport business operators, have taken over and reported the special-use type truck (celler and pacter) from optical microtransport, etc. from around March 2010 to November 201, and completed lending and borrowing registration as a general truck with limited supply.

(B) On August 19, 2014, each of the vehicles listed in the separate sheet 1 (hereinafter referred to as “each of the instant vehicles”). On August 19, 2014, the Defendant: (a) taken over any of the vehicles listed in the separate sheet 1 in the separate sheet 1, on the ground that “the Plaintiff acquired any of the vehicles illegally changed (illegal increase) by means of registration after filing a report on the replacement of the truck with the limited-use type truck (general car) to be supplied through the scrapping of the instant vehicle; (b) on the ground that “the Plaintiff taken over any of the vehicles permitted to be supplied through the scrapping of the instant vehicle; (c) the redemption of the instant vehicle; and (d) the amount of the instant vehicle to be recovered from the date of the instant disposition to its original state; and (d) the amount of the instant disposition to be returned to its original state after the date of the suspension of its business (hereinafter referred to as “the restitution of the instant vehicle”) and the amount of the instant subsidy to be returned to its original state after the date.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 14 (including each number in the case of additional evidence) and the purport of the whole pleadings

2. The plaintiffs' assertion or related laws

A. The non-compliant vehicles of the plaintiffs' assertion 1 are limited to the supply-restricted trucks as special-purpose trucks.

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