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(영문) 청주지방법원 2018.12.13 2018구합2426
화물자동차운송사업 위수탁해지 개별허가신청반려처분취소 청구의 소
Text

1. On March 15, 2018, the Defendant entrusted the freight trucking services to the Plaintiff.

Reasons

1. Details of the disposition;

A. Brokerage contract 1) Nonparty B Co., Ltd. (hereinafter “B”)

on September 1, 200, c. vehicle number C. medical appliances 640 vehicles (number D. hereinafter referred to as “one vehicle”)

A) B registered as a vehicle for business use, and around April 2002, the Plaintiff’s lighting E (F students, death on November 23, 2009, hereinafter “the network E”).

(1) The title truster is the title truster and the title trust and the entrustment contract for the first vehicle (hereinafter “the first entrustment contract”).

2) On March 15, 2007, B substituted the first vehicle with the Hyundai Dump Tracor vehicle (hereinafter “Second vehicle”) on March 15, 2007, and completed the ownership transfer registration for the second vehicle on the same day.

B. On the other hand, H Co., Ltd. (hereinafter “H”) on August 5, 2008.

2) On February 13, 2012, the Plaintiff sold the 2nd vehicle to the Plaintiff, and H sold the 2nd vehicle to the Republic of Korea through a middle and high-speed exporter on February 10, 2012 after completing the ownership transfer registration on the 2nd vehicle on August 12, 2008, and thereafter, H sold the 2nd vehicle to the Republic of Korea through a middle and high-speed exporter on February 10, 2012.

2) On February 13, 2012, the date of the registration of the instant truck, the Plaintiff entered into a contract with H to the effect that the Plaintiff will title trust the instant truck and pay monthly management expenses (hereinafter “instant entrustment contract”) in return for operating the transportation business using the instant truck. The contract date stated in the instant entrustment contract is indicated as “H” with the Plaintiff’s trade name as “H.”

3) Meanwhile, the Plaintiff filed a lawsuit with the Incheon District Court seeking implementation of the procedure for ownership transfer registration with respect to the instant truck due to the termination of the instant entrustment contract (2017dan220712). The said court filed a lawsuit against H on November 1, 2017, and the said court entrusted the instant entrustment contract to the Plaintiff.

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