beta
(영문) 광주지방법원 2017.08.24 2017구합10128

화물자동차운송사업 공T E 충당확인신청 반려처분 취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Korea-U.S. Co., Ltd. Co., Ltd. Co., Ltd. (formerly changed trade name: the date of termination of the trust) transferred the instant truck to the person in the column of the “Seoul-U.S. Co., Ltd.” on the date indicated in attached Table 1.

The person mentioned above is the person mentioned above and the entrusted owner operator shall report the transfer and acquisition of the transportation business using the truck of this case to each competent administrative agency, and accordingly he/she has completed the transfer of ownership registration (the changed motor vehicle number shall be the same as the "Special Motor Vehicle Number" column) with respect to the truck of this case in his/her own name.

B. On September 9, 2016, the Plaintiff asserted that the Plaintiff succeeded to all the rights to the instant truck by the Korea-UBD Co., Ltd., inasmuch as the Plaintiff acquired the entire freight trucking services from the Korea-UBDBD and completed the report.

C. On September 21, 2016, the Plaintiff’s guidelines for handling transport business permission for the entrusted trucking business (hereinafter “the instant guidelines”) is the instant guidelines.

) Pursuant to Article 9, public T/E [referring to the permitted number of cargo separately managed pursuant to Article 9(1) of the instant Guidelines (T/E)] related to the instant truck was applied for a change in appropriation (hereinafter “instant application”).

(i) Article 1 (Purpose) of the Guidelines for Handling Affairs for Permission for Transportation Business of Entrusted Trucks and Trucks and this Guidelines shall apply to the Trucking Transport Business Act (hereinafter referred to as the “Act”);

(2) In accordance with Article 3(2) of the Addenda, the trucking transport business (hereinafter referred to as “cargo transport business”) at the time of the promulgation of the Act (Law No. 7100, January 20, 204), pursuant to the Act

) A person who operates a transport business (hereinafter referred to as “transport business entity”);

(i) any person entrusted with cargo transportation services by a truck under title trust (hereinafter referred to as an "entrusted owner operator")

As from December 31, 2004, the title trust and the entrustment contract (hereinafter referred to as the "entrustment contract") shall be referred to as the "trust and entrustment contract."

(2) the Corporation shall terminate the plan.