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(영문) 대구지방법원 2016.04.19 2015구합24361
위반차량 운행정지 등 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are corporations with the purpose of trucking transport business, etc., and the final transferee of each of the instant vehicles.

B. A operates a trucking transport business under the trade name of a stock company B (hereinafter “B”), and registered the Track, which is a vehicle not supplied from April 7, 2008 to April 30, 2014, on a total of 56 occasions. Of which 15 prices were finally transferred to the Plaintiffs.

On the other hand, C operated a trucking transport business under the trade name of D Co., Ltd. (hereinafter “D”), and created a total of 176 illegal number plate by falsely raising two tanks that are permitted to be supplied from March 6, 2009 to March 11, 2009, and then illegally registering a general type of freight vehicle, the supply of which is limited by means of forgery and alteration of the notification of repair of substitute and scrapping, and one of them was finally transferred to the Plaintiff Co., Ltd.

C. The Plaintiffs reported the transfer and acquisition of the trucking transport business to the Defendant regarding each of the instant vehicles that were acquired as above, and the Defendant accepted each of the reports from October 29, 2009 to July 20, 201.

On August 5, 2014, the Defendant received a request from the head of Yeongdeungpo-gu Seoul Metropolitan Government Office to take an administrative disposition of illegal increase in the number of vehicles for business, and received prior notification and the submission of opinions, on October 29, 2015, the Defendant issued a disposition of 60 days to stop the operation of violating vehicles (hereinafter “instant disposition”) pursuant to Articles 3(3), 16(4), and 19(1)2 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), Article 5(1) [Attachment Table 1] 2 of the Enforcement Decree of the Trucking Transport Business Act, and Article 2 of the Addenda (hereinafter “instant disposition”).

E. The Plaintiffs are as follows.

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