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(영문) 광주지방법원 2014.07.08 2013가단29511
소유권이전등록
Text

1. Defendant B Co., Ltd. shall receive KRW 11,328,095 from the Plaintiff, and at the same time, list No. 1 to the Plaintiff.

Reasons

1. Basic facts and relevant statutes;

A. On May 1, 200, the Plaintiff entered into an entrustment management contract (hereinafter “instant 1 contract”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) for the trucking transport business, etc., as to the motor vehicles listed in the separate sheet No. 1 (the number: D, business use; hereinafter “instant 1 motor vehicles”) on the same day with Defendant C Co., Ltd. (hereinafter “Defendant C”) for the purpose of trucking transport business, etc., as indicated in the separate sheet No. 2 (the number: E, business use, and hereinafter “instant 2 motor vehicles”) and operated the above each of the above motor vehicles, thereby engaging in trucking transport business.

B. On May 24, 2013, a duplicate of the instant complaint containing the Plaintiff’s declaration of termination of the instant contract Nos. 1 and 2 was served on the Defendants.

C. Meanwhile, pursuant to Article 3(4) of the Trucking Transport Business Act (amended by Act No. 7100 of Jan. 20, 2004) and Article 3 of the Enforcement Decree of the Act, individual trucking transport businesses using one trucking transport business have been possible. Article 3(2) of the Addenda of the Act provides that "any person who intends to operate a trucking transport business with a trucking transport business under title trust with a person operating a trucking transport business at the time of the promulgation of this Act, from December 31, 2004, intends to terminate the relevant title trust or the relevant entrustment contract and to operate the trucking transport business with the relevant vehicle may file an application for permission with the Minister of Construction and Transportation, notwithstanding the amended provisions of Article 3(5)1, and the Minister of Construction and Transportation, upon receipt of an application for permission, may grant permission to the relevant applicant for permission for trucking transport business."

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