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(영문) 부산고등법원 2016.12.09 2016누21855
화물자동차운송사업 개별허가신청 반려처분 취소 청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 26, 1995, the Plaintiff: (a) signed a contract under which heart 640 special motor vehicles (registration number B, chassis number C, hereinafter referred to as “treatment 640”); (b) is entrusted to carry on trucking transport business using the Track 640, and (c) carried on trucking transport business with the Track 640 Co., Ltd. (a continuous entry contract; hereinafter referred to as “title trust and consignment contract”); and (d) carried on trucking business using Mack 640.

B. Around April 7, 2005, the Plaintiff terminated the title trust and the above consignment contract entered into with the Mascler Co., Ltd., and entered into a title trust and the above and the consignment contract with the Mascler. On April 14, 2005, the Plaintiff purchased each of the title trust and the above consignment contract relationship with the Mascler Co., Ltd. (hereinafter “Mascler”) on November 15, 2007, after purchasing the special motor vehicle for the Acts (registration number: D, chassis number E, hereinafter “Acs”) on April 14, 2005, and maintaining each title trust and the above consignment contract relationship.

C. On August 27, 2015, the Plaintiff filed a lawsuit claiming the performance of the procedures for the registration of transfer of ownership with respect to the Actros and the early-of-the-land compacter, on the grounds of title trust and the cancellation of the entrustment contract, with the Ulsan District Court Decision 2015Da54799, the Plaintiff filed a lawsuit claiming the performance of the procedures for the registration of transfer of ownership against the relevant company, and on August 27, 2015, the Plaintiff entered into a voluntary adjustment to the Plaintiff to implement the procedures for the registration of transfer of ownership against the relevant company, as to the relevant company-at-law, the Daedong Town, a limited liability company, upon receiving KRW 400,000 from the Plaintiff.

C. On September 14, 2015, the Plaintiff filed an application with the Defendant for an individual permit for trucking transport business, and the Defendant, on October 5, 2015, applied to the Plaintiff for an individual permit for trucking transport business.

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