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(영문) 대전고등법원 2020.11.19 2020누11037
화물자동차운수사업법 위반 운행정지처분 등 취소
Text

The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The grounds for this part of the reasoning of the instant disposition are as stated in the corresponding part of the reasoning of the first instance judgment, except for a partial revision as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The second 5th parallel "Seoul around February 21, 2018" shall be followed by "Seoul around February 13, 2018".

The following shall be added at the end of the second round of conduct:

Around that time, the Plaintiff reported the acquisition of the instant business to the Defendant, and the Defendant notified the Plaintiff of the receipt of the said report on February 21, 2018. The second part of the 13th “Disposition” (hereinafter “instant Disposition”) deleted.

Part 1 "Disposition" in Part 3 shall be applied under the bottom of the third table to "the suspension of the operation and the suspension of the payment of fuel subsidies".

Part 2 below, under the third table, the following shall be added:

A person shall be appointed.

E. On February 8, 2019, the Defendant filed a lawsuit with the court of first instance seeking suspension of the operation and revocation of the disposition of suspension of the payment of fuel subsidies, but reduced the purport of the lawsuit by withdrawing the claim for revocation of the disposition of suspension of the payment of fuel subsidies at the second date for pleading in the trial of the first instance.

(hereinafter, the above disposition, which is the part of the claim for the suspension of operation remaining after the judgment of this case, is referred to as the “instant disposition”).

2. The grounds stated in this part of the disposition of this case are as follows, and the corresponding part of the reasoning of the judgment of the court of first instance (including the corresponding part) is the same, except for the modification of some of the following matters. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

Article 2 of the former Enforcement Decree of the Trucking Transport Act (amended by Presidential Decree No. 2010, Jan. 1, 2011) provides that "The supply of a specific-use type (petroleum transport) truck, the supply of which is limited, shall be changed to a general-use truck, the supply of which is limited."

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