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1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the part of the judgment of the court of first instance excluding the following, i.e., “Determination as to whether the scrapping of a building in this case is subject to permission of change: Determination as to whether the scrapping of a building in this case is subject to permission of change.” As such, this part of the reasoning of the judgment of the court of first instance citing this in accordance with Article 8(2) of
2. In other words, determination as to whether the scrapping of a truck in the instant case is subject to permission for change shall be made as to whether the scrapping of a truck in the instant case is subject to permission for change) Article 3(1) and (3) of the former Trucking Transport Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “ Trucking Act”) and Article 6(1) and (2), Article 7(1) and (2), and Article 9(2) and (3) of the former Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 319, Dec. 29, 2010; hereinafter “Enforcement Rule of the Trucking Transport Business Act”) require the competent authorities to submit documents stating the type, type, type, etc. of individual trucking transport business at the time of applying for permission for change or increase of the number of trucks, and subsequent verification of compliance with the type, size, type, etc. of individual trucking transport business.
On the other hand, Article 2 subparag. 4 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 22502, Nov. 24, 2010; hereinafter “Enforcement Decree of the Trucking Transport Business Act”) provides that “vehicle scrapping for a truck is subject to permission or a report of modification.” Article 57 of the Trucking Transport Business Act provides that “The replacement of a truck with another vehicle whose age expires” means replacement of a truck with another vehicle.