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(영문) 대전지방법원 2017.04.12 2016구합103292
운행정지처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Details of the disposition

A runs trucking transport business under the trade name of “B”, a corporation (hereinafter “B”), prepared a false sales contract as if it purchases two (C, C, and D) for a special-purpose tank that is permitted to be supplied on March 2009, and increased a total of 176 number plates by filing an application for increase of a total of 176 number plates, and illegally registered a general (k) trucking freight lane, the supply of which is restricted by means of forgery and alteration of the notification of repair of the substitute and the scrapping.

B As above, the vehicle illegally increased was transferred to another person, and the two of which was transferred before the transfer and succeeded to the Plaintiff.

As above, the Plaintiff reported to the Defendant on the transfer or acquisition of trucking transport business with respect to each truck listed in the separate sheet No. 1 (hereinafter “each truck of this case”), and the Defendant accepted each transfer or acquisition report on March 16, 2012, and April 19, 2012.

On July 6, 2016, the Defendant rendered a disposition of 60 days to stop the operation of a non-compliant vehicle pursuant to Articles 3(3), 16(4), and 19(1)2 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 5(1) [Attachment Table 1] 2 of the Enforcement Decree of the Trucking Transport Business Act (hereinafter “Disposition to stop the operation of the instant truck”).

On July 25, 2016, the Defendant issued a disposition to refuse the payment of fuel subsidies for each of the instant trucks from July 28, 2016 pursuant to Articles 43(2) and 44 of the Trucking Transport Act, and Articles 6 and 26 of the Regulations on the Management of Trucking Subsidies (hereinafter “Management Regulations”).

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 to 4, and Eul No. 1 to 1.

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