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(영문) 대법원 1983. 11. 8. 선고 83누194 판결
[차량등록거부처분취소][집31(6)특,24;공1984.1.1.(719) 41]
Main Issues

Whether a rejection disposition of registration of an automobile is appropriate under the direction of traffic concerning the increased allocation of vehicles;

Summary of Judgment

If the Office of Registration of Motor Vehicles intends to reject the application for new registration of the owner of a motor vehicle, it shall only have the grounds for refusal of registration under Article 8 of the Road Transport Vehicles Act, and the directives of the Ministry of Registration of Motor Vehicles concerning the increased allocation of motor vehicles do not fall under any of the grounds for refusal of registration under Article 8 of the same Act, and the disposition of

[Reference Provisions]

Article 8 of the Road Transport Vehicles Act

Plaintiff-Appellee

[Defendant-Appellant] Plaintiff 1

Defendant-Appellant

Attorney Han Han-dae, Counsel for the plaintiff-appellant of Busan Metropolitan City

Judgment of the lower court

Daegu High Court Decision 82Gu149 delivered on March 8, 1983

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The defendant's attorney's grounds of appeal are examined.

According to Article 7 (1) of the Road Transport Vehicles Act, an owner of a motor vehicle who intends to make a new registration shall submit to the competent government agency the application form accompanied by documents proving the source and documents proving ownership of the motor vehicle, and Article 8 of the same Act can refuse to make a new registration application under Article 7 of the same Act [1] When the applicant for registration cannot recognize that he has ownership of the motor vehicle] [3] when the number number and the original registration number of the motor vehicle are different from those stated in the application form and the motor vehicle inspection certificate [4] When it is deemed necessary to restrict the number of the motor vehicles [6] when the number of the motor vehicles exceeds the age of the law station or the mileage of the motor vehicle for lack of registration under Article 8 of the Enforcement Decree of the Road Transport Vehicles Act, and it does not constitute a legitimate ground for rejection of registration under Article 8 of the same Act, which is a legitimate ground for rejection of registration under Article 8 of the same Act.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)

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