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(영문) 부산지방법원 2016.09.22 2016구합20198
화물자동차운송사업 허가신청 불가처분 취소의 소
Text

1. On November 30, 2015, the Defendant applied for individual freight trucking services individually to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff filed a lawsuit against the Plaintiff Company B (hereinafter “Nonindicted Company”) seeking implementation of the transfer of ownership registration procedure between the Plaintiff and the Nonparty Company on the truck listed in the separate sheet No. 2015da34563 (hereinafter “instant truck”) as to the instant truck as indicated in the separate sheet No. 1 (hereinafter “instant truck”). In the conciliation procedure of the instant case (this court 2015 money8760), immediately after the Nonparty Company received KRW 1,500,000 from the Plaintiff, an adjustment was made to complete the transfer of ownership registration procedure for the instant truck.

B. On November 12, 2015, the Plaintiff filed an application for permission for trucking transport business using the instant truck with the Defendant. On November 30, 2015, the Defendant rendered a registration after January 20, 2004 ( February 13, 2004) (hereinafter referred to as the “instant trucking transport business”) and completed the instant consignment contract (hereinafter referred to as the “instant consignment contract”) and rendered a disposition of nonpermission against the Plaintiff on the ground that the Plaintiff did not constitute an application for permission for trucking transport business under the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004; Act No. 8979, Mar. 21, 2008; hereinafter referred to as the “former Trucking Transport Business Act”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 10 (where there are provisional numbers, including each of them; hereinafter the same shall apply), Eul evidence 1 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion was registered in the name of the wife C on February 18, 1992, and the non-party company and the trucking transport business in his own name on February 10, 1992 with respect to the instant truck as the owner of the land, and around December 197, the non-party company and the trucking transport business.

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