1. The Defendant’s disposition to reduce the number of violating vehicles against the Plaintiff on September 2, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On October 7, 2011, Bosung Shipping Co., Ltd. (hereinafter referred to as “Seong Shipping Co., Ltd.”) reported a vehicle A, which is a truck for special purpose (homicide) owned by it, as a general truck and changed the said vehicle B (hereinafter referred to as “instant truck”) on October 12, 201 after reporting the replacement and scrapping of the said vehicle as a general truck.

B. On October 12, 201, the Plaintiff, a trucking transport business entity, acquired a trucking transport business from the non-party company, and completed the registration of transfer of ownership in the name of the Plaintiff on the instant truck.

C. On the ground that the instant truck constitutes a general truck, the supply of which is limited and which is registered after filing a report on the replacement and scrapping of the relevant truck, the Defendant issued a reduction of the number of trucks to the effect that the instant truck is registered in accordance with Article 19(1)2 and Article 16(4) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), Article 5(1)3 of the Enforcement Decree of the Trucking Transport Business Act, and Article 13(3)4 of the Motor Vehicle Management Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including additional numbers), Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 19(1)2 of the Trucking Transport Act and Article 5(1) [Attachment 1] of the Enforcement Decree of the same Act stipulate only the whole suspension of business (60 days) or the revocation of permission as a disciplinary measure where permission for alteration is obtained or permission for alteration is revoked without obtaining permission for alteration by unlawful means, and do not stipulate the reduction of the number of trucks. Accordingly, the instant disposition is unlawful as it is without legal basis. 2) The Plaintiff is not the violator but the transferee of the instant truck.