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(영문) 인천지방법원 2015.12.17 2015구합52450
화물자동차운송사업불허가처분취소 청구의 소
Text

1. On July 30, 2015, the Defendant’s disposition of non-permission to freight trucking services rendered against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. A. Around August 199, the Plaintiff: (a) under title trust with a truck (registration number B and name B: Hyundai BC Twiter, chassis number C; hereinafter “former vehicle”); (b) entered into a contract (a continuous title entry contract; hereinafter referred to as “title trust and consignment contract”) under which a truck transport business using the previous vehicle is entrusted by the Roscow; and (c) operated the cargo transport business using the previous vehicle; (d) around August 2005, the Plaintiff terminated a contract with the Mascow and concluded a title trust and an entrustment contract with the Masck Co., Ltd. (hereinafter referred to as “non-cases”).

(Registration number is changed to D only). B

After February 2014, the Plaintiff borrowed a new truck (the registration number is the same as the previous one, the name of the motor vehicle: Switzerland, the chassis number: E; hereinafter referred to as “instant motor vehicle”) on the ground that the previous motor vehicle was deteriorated.

C. On June 10, 2014, the Plaintiff filed a lawsuit against the non-cases to implement the procedures for completing the registration of transfer of ownership of the instant vehicle on the grounds of title trust and the termination of the entrustment contract (Seoul District Court 2014Kadan25650). On June 10, 2015, the said court sentenced the Plaintiff to the effect that “non-cases shall implement the procedures for registration of transfer of ownership on the instant vehicle on the grounds of the termination of the entrustment management contract as of December 22, 2014,” and the said judgment became final and conclusive on June 25, 2015.

On July 8, 2015, the Plaintiff filed an application with the Defendant for a permit for trucking transport business, and the Defendant, on July 30, 2015, applies to the Plaintiff for a license for trucking transport business, “before it was amended by Act No. 7100, Jan. 20, 2004 and was wholly amended by Act No. 8979, Mar. 21, 2008; hereinafter “former Transport Business Act”) Article 3(2) of the Addenda (amended by Act No. 8979, Jan. 20, 2004) of the former Transport Business Act.”

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