The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

The grounds of appeal are examined.

1. An act of anti-social order which is null and void pursuant to Article 103 of the Civil Act shall include not only cases where the contents of rights and obligations which are the object of the juristic act violate good morals and other social order, but also cases where the contents of such act violate good social order and social order, even though it does not in itself be contrary to social order, it has the nature of anti-social order because it has been legally enforced, or its contents are associated with conditions of social order or monetary consideration, and where the motive

(2) Article 3(4) of the Trucking Transport Business Act as amended on January 20, 2004 and Article 3 of the Enforcement Decree of the same Act make it possible to carry out an individual trucking transport business. Article 3(2) of the Addenda of the Trucking Transport Business Act provides that “A person who intends to carry out a trucking transport business on the title trust and the entrustment contract as of December 31, 2004 from among those who are entrusted with the trucking transport business by a truck under title trust with a person operating the trucking transport business at the time of the promulgation of this Act may, notwithstanding the amended provisions of Article 3(5)1, file an application for permission with the Minister of Construction and Transportation, and the Minister of Construction and Transportation, upon receipt of an application for permission, may grant permission for the trucking transport business to the relevant applicant.”

In addition, Article 9 of the Ministry of Construction and Transportation's Guidelines for the Handling of Transportation Business Permit for Entrusted Trucks is to be managed separately from the number of permits held by the existing trucking business operator when the entrusted owner operator obtains permission for the transportation business, and the number of permits (T/E) separately managed by the existing trucking business operator should not be allowed to be scrapped, and the trucking business operator should be given priority when the increase in the number of trucks occurs in the future.