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(영문) 인천지방법원 2014.12.19 2013구합4143
화물자동차운송사업불허처분취소
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. The Plaintiff’s mother-friendly net B (hereinafter “the deceased”) is a person who entered into an entrustment management contract with the Yangcheon Cargo Co., Ltd. (hereinafter “ Yangcheon Cargo”) and each truck listed in the separate sheet (hereinafter “each truck of this case”).

B. Article 3(4) of the Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004; hereinafter “former Trucking Transport Business Act”) and Article 3 of the Enforcement Decree of the same Act make it possible for the Deceased to run an individual trucking transport business. In particular, pursuant to Article 3(2) of the Addenda of the same Act prior to the amendment of the same Act, a local owner operator may terminate the consignment management contract for trucking vehicles and operate an individual trucking transport business.

C. On February 15, 2013, the Deceased filed a lawsuit against Yangcheon Cargo for the implementation of the procedures for the registration of the transfer of ownership of a motor vehicle as the High Court Decision 2013Kadan5803 on February 15, 2013.

On July 30, 2013, the Deceased agreed to terminate the consignment management contract with respect to each of the instant trucks, but died on August 10, 2013.

E. On October 7, 2013, the deceased’s heir had C, C, C, and D, who are their spouse, and the Plaintiff received documents necessary for the application for permission for individual trucking transport business regarding each of the instant trucking vehicles from Yangcheon Cargo. On October 7, 2013, the Plaintiff filed an application for permission for trucking transport business (hereinafter “instant application”).

F. On October 29, 2013, the Defendant rejected the instant application on the ground that the entrusted owner operator, holding the qualification for the special permit of the entrusted owner operator, died after the entrustment contract is terminated with the trucking business operator and before the special permit is granted, the right to obtain the permit is not inherited.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, A.

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