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(영문) 수원지방법원 2019.05.16 2018구합70739
화물자동차운송사업 허가신청 반려처분취소 청구의 소
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 May 14, 2003, the Plaintiff purchased a company B (hereinafter “B”) and C Hyundai 19 tons Seocho Truck (hereinafter “instant vehicle”) and entered into a title trust and an entrustment contract with the effect that it will title trust in B and engage in freight trucking services using the said vehicle, and the number of the vehicle was changed to E.

B. On December 12, 2003, the Plaintiff entered into a title trust and consignment contract with F Co., Ltd. (hereinafter “F”) on the instant vehicle, and entered into a trucking transport business after completing F’s transfer registration on the same day. On April 14, 2004, the Plaintiff terminated the said title trust and consignment contract, and cancelled the registration of the instant vehicle.

C. On April 16, 2004, the Plaintiff entered into a title trust and an entrustment contract on the instant vehicle with G Co., Ltd. (hereinafter “G”), and on the same day, registered (transfer) the instant vehicle with the owner G and vehicle number H.

On March 1, 2008, the Plaintiff entered into a title trust and an entrustment contract with the I Co., Ltd. (hereinafter referred to as the “I”) on the instant vehicle. On April 11, 2008, after completing the transfer of ownership as I on the instant vehicle, the Plaintiff was running a trucking transport business after completing the transfer of ownership as I, and terminated the entrustment contract with I on July 31, 2018.

- The thickness argues that the instant vehicle owned from May 28, 2003 entered into an entrustment contract with each of the instant subsidiary companies and has continued to engage in the trucking transport business until now, and thus, it is subject to the special permit for the termination of the entrustment. However, the Trucking Transport Business Act (Article 3 of the Addenda to the Amendment to the Act No. 7100) provides that the person who entered into a title trust or an entrustment contract with a trucking transport business operator as of January 20, 2004 intends to terminate the relevant title trust or entrustment contract and to operate the trucking transport business.

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