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(영문) 부산고등법원 2017.06.30 2017누20583
화물자동차운송사업개별허가신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

Reasons

1. Details of the disposition;

A. On May 26, 2003, the Plaintiff: (a) held title trust with ACTROS special motor vehicle (registration number: G, chassis number K, and hereinafter “1 vehicle”) to the Intervenor joining the Defendant; and (b) concluded a contract under which the Defendant was entrusted with trucking transport business using the first vehicle from the Intervenor joining the Defendant (hereinafter “title trust and trust management contract”); and (c) concluded a contract under which the Defendant was entrusted with the truck transport business using the first vehicle (hereinafter “the aforementioned form of contract”).

On the other hand, on February 9, 2004, the Plaintiff trusted the first vehicle with registration number L to the comprehensive logistics company identity (hereinafter “comprehensive logistics”), and carried on the cargo transport business as an entrusted owner operator of the comprehensive logistics. On February 28, 2004, the Plaintiff again entrusted the first vehicle to the Defendant joining the Defendant with registration number G in title trust on February 28, 2004, and carried on the cargo transport business as the entrusted owner operator of the Defendant joining the Defendant.

B. On December 18, 2006, the Plaintiff entered into a title trust and consignment management contract with the Defendant joining the Defendant with respect to the special motor vehicle (registration number: G (M before the change), chassis number N, hereinafter “second-party vehicle”) and carried out cargo transport business using the second vehicle.

The second vehicle is originally used by E (the husband operation of E) by entering into a title trust and trust management agreement with Cheongdoro Corporation, Inc., and was used for cargo transport business. On November 24, 2006, the second vehicle was transferred to the Intervenor joining the Defendant, and on December 1, 2006, the title trust and trust management agreement was entered between E and the Intervenor joining the Defendant.

C. Since May 28, 2007, the Plaintiff operated the cargo transport business in place of the truck listed in the separate sheet (hereinafter “instant truck”).

The Plaintiff’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s ground for the termination of the consignment management contract between the Plaintiff and the Intervenor with respect to the instant truck as Busan District Court Branch Decision 2015Kadan205170.

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