(영문) 대구고등법원 2018.06.01 2017누6502 | 리걸엔진

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(영문) 대구고등법원 2018.06.01 2017누6502

위반차량 운행정지 등 취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court concerning this case cited in the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except for adding the judgment of this court as follows to the plaintiff's assertion, and thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the

2. Additional determination

A. The act of a permitting agency accepting a report on the transfer or takeover of a trucking transport business by the Plaintiff’s assertion is not merely an act of accepting a report on the transfer or takeover of the business by the legal effect of the transfer or takeover of the business under private law, but also an act of cancelling a transferor’s business license and establishing a legal right to operate the business lawfully to the transferee, and constitutes an administrative disposition.

According to the legal nature of the disposition of transferring or accepting a trucking transport business, the disposition of accepting a report on the transfer or acquisition of the trucking transport business concerning each of the instant truck by the head of Ulsan-gu, Ulsan Metropolitan City is to confirm that the transferor’s right to transport business is legally increased as a general truck and to evaluate that the transferee has expressed his public opinion to permit the same type of transport business to the Plaintiff. Thus, the instant disposition is unlawful as it goes against the above statement of opinion.

B. The fact that the substance of the permission-granting agency’s act of accepting the report on the transfer of trucking transport business is to cancel the transferor’s business permission and to establish a statutory right to operate the business lawfully on the part of the transferee is premised on the fact that the transfer and acquisition of the business already complies with the permission standards and that the transfer and acquisition of the

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

유사 판례

-대구고등법원 2018.06.01 2017누7925

-대법원 1996. 10. 25. 선고 96도2165 판결

-대법원 1993. 6. 8. 선고 91누11544 판결

-대구고등법원 2018.06.01 2017누6922

-대법원 2001. 2. 9. 선고 2000도2050 판결