1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 5, 2007, the limited liability company B increased the "on-site marijuana truck" as a rescue operation special vehicle (automobile registration number: C), but on the 18th of the same month, the company reported the scrapping of the vehicle to the towing special vehicle (the name of the vehicle: the chassis and the chassis number D) (hereinafter "the first scrapping of the vehicle"), and thereafter the vehicle registration number was changed to E.

On July 28, 2010, a limited liability company B dismissed the said automobile with another vehicle (F) and filed a report on the scrapping of the said automobile (the name of the vehicle: Ematex, chassis number: G) to be a special motor vehicle for salvage (the name of the vehicle: Ematex), and on August 3, 2010, a motor vehicle registration number was changed to I while transferring the said motor vehicle to H.

On August 24, 2010, H transferred the said automobile to J, and on September 10, 2010, J reported the scrapping of the said automobile to be towed special vehicles (the name of the vehicle: Actros, chassis number: K) (hereinafter “third-party scrapping”), and I became a motor vehicle of the chassis number M owned by L owned by a limited liability company even after several replacements and transfer and takeover.

On February 22, 2013, the Plaintiff acquired the foregoing vehicle from L Limited Company (hereinafter referred to as “L”) and changed its registration number to N, and thereafter, operates the chassis number O motor vehicle from January 20, 2014 to the n.

On May 9, 2018, the Defendant issued a disposition to recover total of KRW 72,55,900 of the fuel subsidies paid by the Defendant to the Plaintiff from March 3, 2013 to December 2017 under Article 44 of the Trucking Transport Business Act (hereinafter referred to as the “ Trucking Transport Business Act”) on the ground that the Defendant finally acquired a truck increased by unlawful means in violation of Article 3(3) of the said Act (N; hereinafter referred to as the “instant truck”).

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, Gap evidence 1, 3, and Eul.