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(영문) 서울고등법원 2016.07.15 2016누31359
화물자동차운송사업불허가처분취소 청구의 소
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Facts that there is no dispute over the details of the disposition (based on recognition), Gap 1-1, 2, A2, and the purport of the whole pleadings;

A. The Plaintiff, around August 199, held a title trust with the truck (registration number B and name B: Hyundai BTS, chassis number C: hereinafter “instant previous vehicle”) and entered into a contract to engage in trucking transport business using the previous vehicle (the so-called “the so-called “title trust and the above-called “the above-mentioned contract”; hereinafter the same shall apply) with the Postal Transport, and operated the cargo transport business using the previous vehicle of this case.

While engaging in the cargo transport business, the Plaintiff terminated the contract with the Korea Transportation Agency around August 2005, and entered into a new title trust and the entrustment contract with the Korea Transportation Agency Non-K (hereinafter “Non-K”). The Plaintiff changed the registration number to “D” only and used the previous vehicle.

B. After February 2014, the Plaintiff loaned the previous vehicle to a new truck (the registration number is the same as that of the previous vehicle, the name of the vehicle: Switzerland, the chassis number: E; hereinafter “instant vehicle”) on the ground that the previous vehicle was deteriorated.

C. In around 2014, the Plaintiff filed a lawsuit against the non-cases to implement the procedures for completing the registration of transfer of ownership of the instant vehicle on the grounds of title trust and the termination of the entrustment contract (Seoul District Court Decision 2014Kadan25650). On June 10, 2015, the said court sentenced the Plaintiff to the judgment that “Non-cases will implement the procedures for registration of transfer of ownership on the instant vehicle on the grounds of the termination of the entrustment management contract as of December 22, 2014,” and the said judgment became final and conclusive on June 25, 2015.

On July 8, 2015, the Plaintiff filed an application with the Defendant for a trucking transport business license, and the Defendant on July 30, 2015, applied to the Plaintiff for a trucking transport business.

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