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(영문) 부산고등법원 2017.04.19 2016누23301

화물자동차운송사업 허가신청 불가처분 취소의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Details of the disposition

The Plaintiff purchased a truck that was operated at the time of February 192 while serving as a driver of the Plaintiff Company B, and held a title trust of the said truck with B in the name of the Plaintiff’s wife C, and also entered into a contract under the name of C to carry on the freight trucking services using the said truck (the term "a continuous entry contract"; hereinafter the same type of contract is referred to as the "competing management contract") and operated the freight trucking business using the said truck.

After that, upon the termination of the above entrustment management contract, the Plaintiff entered into an entrustment management contract with B as to the truck listed in the separate sheet No. 1 (hereinafter “instant truck”) in its own name on December 1997, and had engaged in cargo transport business using the instant truck, and again entered into an entrustment management contract with respect to the instant truck on February 10, 2004.

On May 13, 2015, the Plaintiff filed a lawsuit seeking the registration of the transfer of ownership of a motor vehicle with B as the Defendant on the grounds of the termination of the consignment management contract (Seoul District Court 2015Da34563). On August 10, 2015, the conciliation was concluded after completing the procedure for the transfer of ownership with respect to the instant truck and wr (registration number: I: Jindo P: The name of the motor vehicle, J: hereinafter referred to as “Wr”) with respect to the instant truck and wr (registration number”) to the Plaintiff as soon as B received KRW 1,50,000 from the Plaintiff on August 10, 2015.

On November 12, 2015, the Plaintiff filed an application with the Defendant for permission for trucking transport business using the instant truck and wurls together with the instant trucking transport business registration number of the instant truck and wurler when filing an application for permission for trucking transport business.

The truck of this case and its scrapers shall be named.