The defendant's disposition of non-permission of trucking transport business against the plaintiff on August 24, 2016 is revoked.

1. Details of the disposition;

A. On June 30, 2016, the Plaintiff filed an application for permission for trucking transport business with respect to the instant trucking transport business with the purport that “the Plaintiff, around 200, registered the title of B Co., Ltd. (hereinafter “B”), and C Trucks owned by the Plaintiff (hereinafter “instant truck”) and entrusted the instant trucking transport business with respect to the instant trucking transport business from B (hereinafter “instant entrustment contract”) and terminated the instant trucking transport business as the instant trucking transport business on around 2016.”

(hereinafter “instant application”). (b)

On August 24, 2016, the Defendant rejected the said application to the effect that “the Plaintiff concluded a title trust or an entrustment contract with respect to the instant truck as of January 20, 2004, and thus, it cannot be deemed that the Plaintiff was not subject to the application for permission for trucking transport business under the Addenda to the Trucking Transport Business Act.”

(hereinafter referred to as "disposition of this case"). 【No dispute exists, Gap evidence Nos. 7, 8, Eul evidence Nos. 1 and 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. From around 2000, the Plaintiff concluded an entrustment contract with B and the instant truck, and subsequently terminated the trucking transport business that was entrusted with the instant truck as a result of entering B, and around 2016.

Therefore, the instant disposition is unlawful.

B. Determination of the first trucking Transport Business Act (No. 11064, Sept. 16, 201), Article 2 of the Addenda to the Trucking Transport Business Act (Act No. 7100) is a person entrusted with trucking transport business by a trucking business under title trust with a person who runs a trucking transport business at the time of January 20, 204, pursuant to Article 3(2) of the Addenda to the Trucking Transport Business Act.