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(영문) 대전지방법원 2015.03.18 2014구합102394
운행정지처분취소등
Text

1. On March 28, 2014, the order issued by the Defendant to reinstate the vehicle indicated in attached Form 1 to the Plaintiff is revoked.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On September 30, 201, the Nuridong Co., Ltd. transferred trucking transport business using a cleaning vehicle ( Asian cancer truck) to the Gangseo-ro Ltd. (hereinafter “Sang River”) on September 30, 201, and on October 13, 2011, the Gangseo-ro was substituted by the car scrapping (hereinafter “the instant car”).

B. Since then, the instant trucking transport business, along with the transfer of the instant vehicle or the instant vehicle leased to and from the instant vehicle (a pair of 11.5 tons truck), was successively transferred to the Plaintiff via Jinjin-gu and Steel Special Transport Co., Ltd., and the Defendant accepted the Plaintiff’s report on the transfer on May 23, 2012.

C. On May 25, 2012, the Plaintiff lent a pair of 11.5 tons truck (hereinafter “instant acquisition vehicle”) to and from the instant truck (Korean specialty Technology 14 tons truck, B) listed in attached Table 1.

On January 17, 2013, the Defendant notified the Plaintiff of the fact that the instant vehicle was a vehicle with an illegal permission for change by the Seocho-gu Seoul Metropolitan Government Head of the Gu, and issued the Plaintiff a prior notice of disposition (written submission of opinions) with the following details, along with the details of the transfer of the instant vehicle and the modification thereof.

Article 16 (4) of the Trucking Transport Business Act - Article 19 (1) of the Trucking Transport Business Act - Article 13 (3) 4 of the Automobile Management Act - Article 21 of the Administrative Procedures Act.

E. On March 28, 2014, the Defendant’s restoration to the original state of an unlawful registered vehicle (Kaman Rock) to the Plaintiff on the following grounds.

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