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(영문) 대전지방법원 2017.04.13 2016구합103308
운행정지처분취소
Text

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

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

Reasons

1. Details of the disposition;

A. On February 17, 201, the Plaintiff, a company running trucking transport business, etc., transferred the four trucks (hereinafter “each of the instant vehicles”) to all owners and changed the registration number of the instant vehicles, as indicated in Table 1, and owned each of the instant vehicles until now.

[Attachment 1: The Plaintiff’s statement of the transfer registration of each of the instant vehicles / [The Plaintiff’s statement of the transfer registration of each of the instant vehicles] Light Construction Co., Ltd. (TRAGO) Co., Ltd. (TRAGO) of the former owner-registered vehicle A (TRAGO), Light Construction Co., Ltd. (25 tons of light or solar trucks B (instant 2 vehicles) of Dongbu Construction Co., Ltd. (TRAGO) of Dongbu Construction Co., Ltd. (TRAGO

B. On July 6, 2016, the Defendant issued a disposition to stop the operation of each of the instant vehicles on the ground that the instant vehicle constitutes an unlawfully increased vehicle in violation of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), and that the Plaintiff succeeded to the position of the transferor who committed the instant violation, 60 days (the period: July 28, 2016 to September 25, 2016) with respect to each of the instant vehicles (hereinafter “instant disposition suspending the operation”).

C. On July 25, 2016, the Defendant rendered a disposition to refuse the payment of fuel subsidies (hereinafter “instant disposition to refuse the payment of fuel subsidies”) to the Plaintiff on the ground that each of the instant vehicles was illegally increased in violation of the Trucking Transport Act (hereinafter “instant disposition to refuse the payment of fuel subsidies”). In addition to the disposition to suspend the operation of the instant vehicle, each of the instant dispositions was taken.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 (each number is included; hereinafter the same shall apply), Eul evidence 2-3, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Article 44(3) of the Trucking Transport Business Act, which is a unique illegal ground for the rejection of the instant subsidy, is only a ground for the rejection of the subsidy, and it cannot be a ground for the rejection of the subsidy.

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