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(영문) 울산지방법원 2018.12.13 2018구합6625
운행정지처분등취소
Text

1. On May 21, 2018, the Defendant’s disposition of suspension of operation for 60 days as to the trucks listed in the attached Table 1 List against the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 19, 2008, the Plaintiff, running the trucking transport business, acquired a truck for special purpose (motor vehicle registration number) from B, and completed the ownership transfer registration on the 22th of the same month after acquiring the truck for special purpose (motor vehicle registration number):

B. On July 1, 2009, the Plaintiff: (a) as a registration number C of the said special purpose truck, substituted a general truck (a treatment 25 tons car truck with another vehicle; (b) as a substitute; hereinafter referred to as the “vehicle scrapping”); (c) the process of the replacement report register of the D Association, which is entrusted with the modification of permitted matters concerning trucking transport business, is not known; (d) the general truck (the fact that the above special purpose truck is stated as a general truck) is indicated as the replacement report for another general truck.

C. Meanwhile, according to the Notice of Criteria for Supply of Trucking Transport Services (Public Notice No. 2008-782 of the Ministry of Land, Transport and Maritime Affairs No. 2009) that was in force at the time of the scrapping of the instant fleet, the new supply of trucks and general trucks was not permitted.

On May 21, 2018, the Defendant issued an order to suspend the operation for 60 days for trucks (automobile registration number C and 25 tons car trucks) listed in the attached Table 1 (automobile registration number) and notified the Plaintiff on June 21, 2018 that the payment of fuel subsidies shall be suspended until the period of the first permitted vehicle is restored to the Plaintiff for the foregoing reasons (hereinafter “the foregoing disposition of suspension of operation of the front line”).

【Ground of recognition” has no dispute, Gap's 1 through 7 evidence, Eul's 1 through 5, 7, and 8 respectively, and oral arguments.

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