화물자동차운송사업 위수탁해지 개별허가신청 수리불가처분 취소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 20, 1995, the Plaintiff entered into a contract with B Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”), a special motor vehicle towing (hereinafter referred to as “instant track”) under title trust with the Nonindicted Co., Ltd. and pay monthly management expenses (hereinafter referred to as “the title trust and the above entrustment contract”) in return for being entrusted with the transportation business using the instant track from the said company, while the Plaintiff was operating the transportation business under the trade name of “B” and operating the transportation business by using the instant track from around that time.
B. On December 20, 2016, the Plaintiff terminated the title trust and the entrustment contract pursuant to Article 3(2) of the Addenda of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004; hereinafter “former Trucking Transport Business Act”) (amended by the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 200; hereinafter “former Trucking Act”) and had the Defendant operate the freight trucking business as the instant
(hereinafter referred to as “instant application”). C.
Accordingly, on December 30, 2016, Article 2 of the Addenda to the former Trucking Transport Business Act (amended by Act No. 11064, Sep. 16, 2011; hereinafter “former Trucking Transport Business Act”) and Article 6 of the Guidelines for Permission for Transport Business for Entrusted Trucking Transport Business (amended by Act No. 11064, Jun. 24, 2015; hereinafter “instant Guidelines”) were based on the Act and subordinate statutes, the Defendant issued a disposition of denying the instant application for the following reasons.
Not more than 20 years old and relevant statutes
1. According to Article 2 of the Addenda of the former Trucking Transport Act (Act No. 11064), the pertinent title trust and the entrustment contract shall be terminated among the persons entrusted with the freight trucking services by a trucking transport business to a person operating the freight trucking services at the time of January 20, 204.