beta
(영문) 수원지방법원 2018.09.05 2018구합1047

화물자동차운송사업불가처분취소

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 22, 2002, the Plaintiff purchased a truck (automobile registration number before the change: B; hereinafter “instant vehicle”) listed in the attached Table 1 list, and entered into a title trust or entrustment contract with C Co., Ltd. (hereinafter “C”) on December 2, 2002, with respect to the instant vehicle. After entering into a title trust or entrustment contract with C Co., Ltd. (hereinafter “D Co., Ltd.”) on December 2, 2002, the Plaintiff registered the instant vehicle as the seat-in vehicle of C, and operated the instant vehicle, thereby running the freight transport business.

B. After that, the Plaintiff terminated the title trust and the entrustment contract, and entered into a new title trust and the entrustment contract with E Co., Ltd. (hereinafter “E”) on April 26, 2006 on the instant motor vehicle, and thereafter, registered the instant motor vehicle to be transferred to the land of E, attached the E business registration number F, and operated the instant motor vehicle to operate the freight transport business.

C. On November 2, 2010, G Co., Ltd. (hereinafter “G”) acquired a trucking transport business license number including the registration number of the instant vehicle from E, and the Plaintiff concluded a title trust and an entrustment contract with G on November 30, 2012.

On June 10, 2016, G filed a lawsuit against G to demand implementation of the title trust procedure and the transfer of ownership registration procedure for the instant automobile as the Seoul Southern District Court Decision 2016Kadan26109 (Seoul Southern District Court Decision 2016Gadan26109) (G also has filed a counterclaim against the Plaintiff to seek the return, etc. of the vehicle number plate (automobile registration number (F) attached to the instant automobile under the court 2016Kadan241588), and the said court rendered a judgment on February 10, 2017 that “G shall implement the procedure for transfer of ownership registration for the instant automobile to the Plaintiff on July 11, 2016 for the reason of the termination of the said entrustment contract,” and thereafter on September 22, 2017.