1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On February 5, 2004, the Plaintiff entered into a title trust or consignment management contract (hereinafter “instant consignment management contract”) with respect to each of the vehicles listed in [Attachment 1] Nos. 1 and 2 (hereinafter “each of the instant vehicles”).

( Note) On February 3, 2016, B filed a lawsuit against the Plaintiff seeking the implementation of the procedure for ownership transfer registration of each of the instant vehicles and the payment of delinquent management expenses and other public charges (Seoul District Court 2016Kadan202555 (principal lawsuit)). On February 3, 2016, B filed a counterclaim against the Plaintiff (SJ District Court 2016Kadan8524 (Counterclaim)) seeking the implementation of the procedure for ownership transfer registration.

(B) On April 21, 2016, the Plaintiff was forced to complete the procedure for ownership transfer registration for each of the instant vehicles on April 20, 2016, with respect to each of the instant vehicles. On the same day, the Plaintiff acquired the transfer of ownership registration procedure based on the termination of the instant consignment management contract from the StateB, and the Plaintiff paid KRW 677,680 to the StateB.

According to the above compulsory adjustment, the Plaintiff registered the ownership transfer of each of the instant vehicles on September 9, 2016.

On July 15, 2016, the Plaintiff filed an application with the Defendant for permission for trucking transport business, but the Defendant rendered a non-permission disposition (hereinafter “instant disposition”) on August 26, 2016 on the following grounds.

The plaintiff confirmed that it is not subject to permission under the "Guidelines for Handling Permission for Transportation Business for Entrusted Trucks" (the Minister of Land, Infrastructure and Transport as of January 20, 2004, a person who intends to terminate the relevant entrustment contract and obtain permission for transportation business for the relevant vehicle from among those who are entrusted with transportation business by a truck under title trust with a person who runs a truck transportation business as of January 20, 204). The plaintiff is entrusted with the relevant vehicle before January 20, 2004.