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(영문) 대전지방법원 2016.11.30 2016구합782
화물자동차운송사업불가처분취소
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. On October 2002, the Plaintiff: (a) held a title trust of a truck (registration number: B; (b) passenger car truck: 11.5 tons of the treatment; C; and (c) year food: 199; hereinafter “first vehicle”); (b) entered into a contract under which a truck transport business using the first vehicle of this case is entrusted (the so-called “title trust and consignment contract” in this case; hereinafter referred to as “the so-called “title trust and consignment contract”); and (c) carried out a cargo transport business using the first vehicle of this case.

B. The Plaintiff intended to operate 25 tons of truck by using registration number D, but the above registration number was not allowed to substitute the 25 tons of truck with another vehicle (referring to replacing the existing vehicle with another vehicle).

On August 23, 2006, the Plaintiff transferred the instant 1 vehicle to a third party, and operated the said vehicle using the registration number E from August 22, 2006, and the registration number B entered into a title trust or an entrustment contract with a person other than the Plaintiff on August 21, 2006 and operated another truck (registration number: B, the name of the vehicle: 11.5 tons car truck, F, the chassis number: F, and the formula: 202). The Plaintiff entered into a title trust or an entrustment contract again with a new logistics on August 23, 2006, and operated a truck of 25 tons (registration number: G, the name of the vehicle: 25 tons car truck, the chassis number: H, 199, and 199 (hereinafter referred to as “instant 2 vehicle”).

C. On March 10, 2015, the Plaintiff filed a lawsuit with the Seoul Southern District Court for the performance of the procedures for completing the registration of transfer of ownership of the instant vehicles for the title trust and the termination of the said entrustment contract (Seoul Southern District Court Decision 2015Kadan10824, hereinafter “relevant civil lawsuit”), and on October 7, 2015, the said court rendered the Plaintiff on March 25, 2015 regarding the instant 2 vehicles.

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