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(영문) 부산지방법원 2017.10.26 2017구합702
화물자동차운송사업허가신청반려처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on December 30, 2016 rejecting the application for permission for trucking transport business is revoked.

2...

Reasons

1. Details of the disposition;

A. Lono five tons truck (registration number: B, chassis number C, and type of motor vehicle: freight large; hereinafter referred to as “instant vehicle”) was transferred on May 13, 2002 in the name of the Plaintiff on November 22, 2002. On December 5, 2002, the first transportation company (hereinafter referred to as “daily transportation”) engaging in trucking transport business, etc. was transferred again on December 5, 2002.

On December 16, 2002, the registration of the operator in the name of D was completed with the shipping trade name.

B. On October 20, 2010, the Plaintiff: (a) signed a contract under which the instant vehicle is entrusted with trucking transport business using the instant vehicle from the daily transport (hereinafter “a continuous entry contract”); (b) registered as a trucking service provider who mutually engages in daily transport on the same day; and (c) closed the business under the name of D on October 31, 2010.

C. The Plaintiff filed a lawsuit against the Plaintiff seeking implementation of the procedure for ownership transfer registration of the instant vehicle on the ground of the termination of the entrustment contract as the Ulsan District Court 2016Kadan12983.

On November 9, 2016, the said court rendered a ruling to recommend reconciliation that “On June 13, 2016, Japan received KRW 575,760 from the Plaintiff, the Plaintiff shall carry out the procedures for registration of transfer of ownership on the instant vehicle due to the termination of the entrustment contract as of June 13, 2016,” and the said ruling became final and conclusive on November 29, 2016.

On December 1, 2016, the Plaintiff filed an application with the Defendant for permission for trucking transport business regarding the instant vehicle, accompanied by a decision of recommending reconciliation, etc.

E. On or before December 30, 2016, the Defendant did not have any evidence to recognize that the Defendant is the entrusted borrower of the instant vehicle on or before January 20, 2004, and thus filed an application by the Plaintiff, and thus, the Defendant’s guidelines for permission for trucking transport business [the Ministry of Land, Infrastructure and Transport’s guidelines and amended on June 24, 2015; hereinafter the same shall apply].

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