logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.09 2016구합64242
자동차관리사업등록취소거부처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is the council of occupants’ representatives comprised of the representatives from each Dong-dong, Sungnam-si, Seonam-si, 147 Hyundai Teachers’ Village Heaeng-ro (Seoul High School; hereinafter “instant apartment”).

B.1) The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”)

The building of 182 and its ground (hereinafter referred to as the “instant place of business”) in Sungnam-si, Sungnam-si.

(3) On December 14, 2015, the Defendant filed an application for registration of automobile management business with the Defendant to run the automobile management business, but the Defendant rejected the said application on June 23, 2015. (2) The assistant intervenor dissatisfied with this application and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission. The Gyeonggi-do Administrative Appeals Commission rendered a ruling to revoke the disposition of rejection as indicated in the above-mentioned (1). (3) On December 14, 2015, the Defendant rendered a registration disposition for the automobile management business (hereinafter “instant registration disposition”).

C. On May 2, 2016, the Plaintiff filed a claim against the Defendant for the revocation of the instant disposition of registration, and the Defendant sent a reply to the Plaintiff on May 11, 2016, stating that “In accordance with Article 53 of the Automobile Management Act, the Intervenor’s application for registration of automobile management business was rejected on June 23, 2015, but the said disposition of return was revoked during the administrative appeals procedure filed by the Intervenor, and accordingly, the instant disposition of return was issued” (hereinafter “instant reply”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 4, fact-finding inquiry and the purport of the whole pleadings in this court

2. According to Article 53 of the Automobile Management Act, Article 111 of the Enforcement Rule of the same Act, Article 7 of the Ordinance on the Criteria for Registration of Motor Vehicle Management Business in Seongbuk-si, the defendant needs to consider regional characteristics, such as traffic, environmental pollution, surrounding conditions, etc., or other public interests.

arrow