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(영문) 울산지방법원 2018.09.13 2017구합7362
운행정지처분등 취소
Text

1. On November 13, 2017, the Defendant’s disposition of suspension of operation for 60 days as to the trucks listed in the attached Table 1 List against the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 29, 2009, B Co., Ltd.: (a) scrapped the “salvable special motor vehicle (salvable type truck)” which is the registration number C; and (b) around February 5, 2009, by taking over the “salvable special motor vehicle (scalvists)” from D, the representative director of the Plaintiff, and used the said motor vehicle registration number C as it is (hereinafter “instant issues”).

(2) Meanwhile, according to the Notice of Criteria for the Supply of Trucking Transport Services in 2009 (Public Notice No. 2008-782 of the Ministry of Land, Transport and Maritime Affairs), all salvage-type special vehicles and towing-type special vehicles are not permitted to be newly supplied.

B. The E company, which had its head office located in Busan Metropolitan City, takes over “C” a motor vehicle registration number, and the motor vehicle registration number was changed to “F” following the change of the registration area; 2) E company borrowed and registered the said “scar-type special motor vehicle (Scar)” which is the “F” as the same type of vehicle registration number, with the same type of “scar-type special motor vehicle (Scar-type special motor vehicle)” and sub-loaned and registered as the same type of “scar-type special motor vehicle (Scar-type special vehicle)”.

3) While H, which had its head office located in the Gyeongnam-do, took over the above “Towing Special Motor Vehicle (Treatment Trackor and chassis number G”), the motor vehicle registration number was changed to I due to the change of the registration area. 4) The Plaintiff borrowed and registered as the same type of special motor vehicle (Treatment Trackor, chassis number G) after having taken over the above “Towing Special Motor Vehicle (Treatment Trackor and chassis number G)” as the motor vehicle registration number I.

C. On November 13, 2017, the Defendant took the instant disposition 1, 2017, “B Co., Ltd.” from the initial K Association for salvage type special vehicles (ex) with salvage type special vehicles (expacters). However, on February 5, 2009, the Defendant borrowed a vehicle with salvage type special vehicles (expacters).

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