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(영문) 의정부지방법원 2018.06.05 2017구합13146
화물자동차운송사업불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On April 28, 2003, the Plaintiff entered into a title trust agreement and an entrustment management agreement with (oil B) to entrust the chassis number C and the automobile number D truck (hereinafter referred to as the “instant 1 truck”), and changed the company to E on June 9, 2004, while changing the number of the instant 1 vehicle from D to F.

After that, on December 7, 2007, the Plaintiff entered into a title trust agreement and an entrustment agreement with the G Co., Ltd., with respect to the instant No. 1 vehicle. On the same day, after completing the ownership transfer registration with the G Co., Ltd., the Plaintiff changed the number of the instant No. 2 vehicle into F with the vehicle number H and the vehicle number I (hereinafter “instant 2 vehicle”) on December 17, 2007.

On the other hand, the plaintiff filed a lawsuit seeking the title trust and the entrustment contract for the second vehicle of this case and the transfer registration of ownership of the second vehicle of this case (Seoul Western District Court Decision 2017Kadan208242). On June 16, 2017, the plaintiff decided that "G shall implement the procedures for the transfer registration of ownership, which caused the termination of the entrustment contract, to the plaintiff on March 30, 2017, as it belongs to the second vehicle of this case." The above judgment was finalized on July 8, 2017.

Accordingly, on August 8, 2017, the Plaintiff filed an application for permission for trucking transport business on the second vehicle of this case with the Defendant on the ground that the Plaintiff was a person entrusted with trucking transport business and entrusted with trucking transport business (hereinafter referred to as “submerged owner”) from January 2004 pursuant to Article 3(2) of the Addenda of the former Trucking Transport Business Act (amended by Act No. 8979, Mar. 21, 2008) (hereinafter referred to as the “the Addenda provision of this case”). However, on September 4, 2017, the Defendant rejected the Plaintiff on the ground that “title trust and the consignment of the entrustment contract and the maintenance conditions of the identity of the relevant vehicle are not satisfied.”

hereinafter referred to as "the case."

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