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(영문) 부산지방법원 2016.06.24 2016구합20099
화물자동차운송사업 허가신청 불가처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. Around February 192, B, the Plaintiff’s wife, held a title trust of a truck (registration number: C, chassis number D, hereinafter “instant vehicle”) with respect to Chocheon-si, Inc., and entered into a contract (a continuous entry contract) under which he/she is entrusted with trucking transport business using the instant vehicle from Chocheon-chan, Inc., and opened a road transport business (hereinafter “Road”) on February 18, 1992 and closed on February 26, 2004.

B. On February 24, 2004, the Plaintiff entered into a contract for trucking management and operation with respect to the instant vehicle, which changed the name of the entrusted owner from B to B, and registered business with the trade name of Eul on February 26, 2004, and registered business with the title of the instant vehicle.

C. On May 13, 2015, the Plaintiff filed a lawsuit seeking registration of the transfer of ownership of a motor vehicle on the ground of the termination of title trust with the Defendant (Seoul District Court 2015Da34563), and on August 10, 2015, the conciliation was concluded to the effect that “the Plaintiff shall implement the procedures for the transfer of ownership on the instant motor vehicle on May 13, 2015, for the transfer of ownership on the ground of the termination of the entrusted management contract.”

Busan District Court 2015ss. 8760) d.

The Plaintiff filed an application for a trucking transport business license on September 18, 2015, but the Defendant was not subject to Article 3(2) of the Addenda of the Trucking Transport Business Act (Act No. 7100, Jan. 20, 2004) (hereinafter “the Addenda provision of this case”) on October 14, 2015.

(hereinafter “Disposition in this case”). [Grounds for recognition] The entry in Gap’s Nos. 1, 3 through 8, 11, and Eul’s No. 2 (including each number), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the supplementary provision of the Plaintiff’s assertion is that the rights and lives of the land-based borrowers engaged in cargo transport business.

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