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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 25, 1997, D: (a) on February 20, 2014, D: (b) on the instant cargo-type vehicles (hereinafter “instant cargo-type vehicles”); (c) on February 20, 2014, D, the owner of the instant cargo-type vehicles (hereinafter “instant passenger-type vehicles”); (d) on August 9, 2014, the Plaintiff, who was a dependent of D, succeeded to D’s wife.
B. On July 28, 2016, the Plaintiff filed an application for the recognition of the destruction of a motor vehicle under Article 31(6)7 of the Decree on the Registration of Motor Vehicles, but the Defendant delegated the business of recognition of the destruction of a motor vehicle by the Gyeonggi-do Governor pursuant to the Gyeonggi-do Ordinance on the Delegation of Administrative Affairs to the Plaintiff on August 10, 2016, notified the Plaintiff that it was impossible to recognize the destruction on the ground that “the fact of operation for three years for the instant motor vehicle is identified as an inspection vehicle and an obligatory insurance vehicle.”
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1-2, Eul evidence 1-1 through 7, Eul evidence 4-1, the purport of the whole pleadings and arguments
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion constitutes grounds stipulated in the former part of Article 13(1)7 of the Motor Vehicle Management Act and Article 31(2) of the Decree on the Registration of Motor Vehicles. In fact, the instant motor vehicle constitutes grounds stipulated in Article 13(1)8 of the Motor Vehicle Management Act and Article 31(6)7 of the Decree on the Registration of Motor Vehicles, as it is scrapped and destroyed on March 12, 2015.
The instant disposition that refused the recognition of the destruction shall be revoked in an unlawful manner.
(b) Entry in the attached Form of relevant statutes;
C. As to the recognition of the loss of a motor vehicle based on the former part of Article 13(1)7 of the Motor Vehicle Management Act and Article 31(2) of the Decree on the Registration of Motor Vehicles, Article 13(1) of the Motor Vehicle Management Act shall be realized even after the registration of attachment was made for the reason of the application for cancellation