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(영문) 부산지방법원 2017.08.25 2017구합21594

화물자동차운송사업개별허가거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 1, 2003, the Plaintiff (hereinafter “B”) entrusted the title trust and the entrustment contract (tentative title entry contract; hereinafter “instant first contract”) with the Asian cargo vehicle (registration number: C, chassis number D, hereinafter “A,”) and entered into a cargo transport business with the Asian cargo, and operated the cargo transport business with the Asian cargo.

B. A around September 2006, A transferred Aex to E (hereinafter “E”) (the registration number is changed to F), and on September 18, 2006, the Plaintiff entered into a title trust and an entrustment contract with E and Asia (hereinafter “instant secondary contract”) and continued to engage in cargo transport business, and replaced the Asiaex with the Scarex truck (registration number: F, chassis number: G, hereinafter “1 Scarex”) on August 31, 2007.

C. On January 28, 2008, E transferred the first Switzerland to H Co., Ltd. (hereinafter “H”), and the Plaintiff still transferred the first Switzerland to Emex on February 23, 201 while engaging in cargo transport business using the first Switzerland.

On the other hand, on February 23, 2011, the Plaintiff: (a) purchased a cargo transport business (registration number: J and chassis number; (b) and (c) signed a title trust and a consignment contract with E to engage in trucking transport business using No. 2 Scarex on February 24, 201; and (c) concluded a cargo transport business using No. 2 Scarex (hereinafter “instant third contract”); and (d) concluded a cargo transport business with E to engage in trucking transport business using the 2 Scarex.

E. On January 3, 2017, E transferred No. 2 Scarex to H, and the Plaintiff is with H on January 31, 2017.