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(영문) 창원지방법원 2015.06.30 2014구합2384
화물자동차 운송사업 허가신청 불허가처분취소
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 October 1, 2003, between the Plaintiff’s husband B and the Sungsung Transportation Co., Ltd. (hereinafter “Ssung Transportation”), a cargo transport business entity, the Plaintiff’s husband, reverted the name of ownership of CY LS truck (hereinafter “instant vehicle”) to the GSS truck, and B entered into the said entrustment contract with the purport that B shall pay monthly admission fees, etc. to the GS truck while operating the instant vehicle upon entrustment of the operation and management right of the instant vehicle from the GIC.

B. On April 1, 2004, the nominal owner of the consignment contract changed from B to the Plaintiff, and the said consignment contract was terminated on August 7, 2013.

C. The Plaintiff filed an application with the Defendant for permission for trucking transport business based on Article 2 of the Addenda to the Trucking Transport Business Act (hereinafter “instant Addenda”). However, on October 20, 2014, the Defendant rendered a disposition rejecting the Plaintiff’s application for permission (hereinafter “instant disposition”) on the ground that “the Plaintiff shall not be deemed a trucking business operator and a person who entrusted the business before January 20, 2004,” etc.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 21, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was unlawful in the instant disposition, even though the Plaintiff met the requirements prescribed in the supplementary provision of the instant case, since it concluded an entrustment contract with the GIC prior to January 20, 2004, and terminated the entrustment contract on August 7, 2014.

(b) as shown in the separate sheet of relevant Acts;

C. According to Article 3(2) of the Addenda to the amended Trucking Transport Business Act, Act No. 7100, Jan. 20, 2004, the supplementary provision of this case 1 is among those entrusted with trucking transport business by a truck under title trust with a person who runs a trucking transport business at the time of January 204.

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