1. The Defendant’s disposition of rejecting an application for registration of automobile management business to the Plaintiff on May 28, 2018 shall be revoked.

2...

1. Details of the disposition;

A. On May 9, 2018, the Plaintiff filed an application for registration with the Defendant for the motor vehicle management business (small Motor Vehicle Comprehensive Maintenance Business) in order to run a small motor vehicle comprehensive maintenance business at Gangseo-gu Seoul Metropolitan Government (hereinafter “instant business establishment”).

(hereinafter referred to as the "application for registration of this case". Motor vehicle management business is classified as motor vehicle dealing business, motor vehicle maintenance business, and motor vehicle scrapping and recycling business (Article 2 subparagraph 6 of the Motor Vehicle Management Act), and the motor vehicle maintenance business is classified as the comprehensive automobile maintenance business, small automobile comprehensive maintenance business, motor specialized maintenance business, motor specialized maintenance business (Article 12 (1) of the Enforcement Decree of the Motor Vehicle Management Act).

On May 28, 2018, the Defendant rendered a disposition rejecting the application for registration of this case on the ground that “it is likely to deteriorate the residential environment due to traffic problems, such as noise, dust, malodor, parking, etc. adjacent to the residential area, and the right to live in a healthy and pleasant environment for residents,” the Defendant’s place of business, such as the occurrence of civil petitions (61) involving many people in neighboring residents, is likely

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1 and 2 (including branch numbers), Eul evidence Nos. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The Plaintiff’s assertion 1) Article 111(2) of the Enforcement Rule of the Automobile Management Act explicitly lists the grounds for restriction on registration of automobile management business. The instant application for registration does not fall under any of the grounds for restriction on registration of automobile management business under Article 111(2) of the Enforcement Rule of the Automobile Management Act, and the instant disposition should be revoked unlawfully. 2) Article 111(2)5 of the Enforcement Rule of the Automobile Management Act, which was delegated by the Defendant under Article 53(3) of the Automobile Management Act, shall be “other cases falling under any of the restrictions under the Act or other statutes.”