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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 7, 2003, the Plaintiff purchased a special large-scale modern theater (number B; hereinafter “instant vehicle”) and signed a title trust and consignment management contract (hereinafter “sub-contract”) with the content that the Plaintiff would sell the instant vehicle to the Dongbae LS Co., Ltd. (hereinafter “Dongbae LS”) and would be entrusted with freight trucking services using the said vehicle from Dongbae LS.
B. On April 13, 2004, the Plaintiff entered into an entry contract with a limited partnership company (hereinafter “mining transport”) on the instant vehicle, and the vehicle number was changed from C to D.
C. On February 16, 2017, the Plaintiff obtained a certificate of content that it is difficult for the Plaintiff to maintain the land entry contract, and filed a lawsuit claiming transfer registration of ownership of the instant vehicle against the optical Dongdong Transport (U.S. District Court Sejong District Court KRW 2017Kadan51813). As a result, on May 2, 2017, the agreement was concluded that “Madong Transport shall implement the transfer registration procedure for the instant vehicle on February 23, 2017 with respect to the Plaintiff on the ground of the termination of the entrusted management contract.”
On May 31, 2017, the Plaintiff filed an application for permission for trucking transport business with the Defendant on the ground that he/she was entrusted with trucking transport business by a trucking business operator (hereinafter “transport business operator”) since January 20, 204 pursuant to Article 2 of the Addenda of the Trucking Transport Business Act (Act No. 11064, Sept. 16, 201) and Article 3(2) of the Addenda of the said Act (Act No. 7100, Jan. 20, 2004; hereinafter “instant Addenda”). However, the Defendant filed an application for permission for trucking transport business with the Defendant on the ground that the agreement entered into with the Plaintiff on June 23, 2017 with the Plaintiff was made under a title trust with the person who runs the trucking transport business (hereinafter “submerged”).