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(영문) 수원지방법원 2017.07.20 2017구합504 (1)
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 December 16, 2008, the Plaintiff entered into a contract under which the Plaintiff is obliged to title trust the above company with the co-owned truck listed in the separate sheet (hereinafter “instant truck”) and pay monthly management expenses, etc. (hereinafter “instant title trust and consignment contract”) in return for running the transportation business using the instant truck by being entrusted by the said company (hereinafter “instant truck”). At that time, the Plaintiff started the transportation business using the said truck.

B. On May 3, 2016, the Plaintiff filed a lawsuit against the Suwon District Court Branch for the implementation of the procedures for title trust and the termination of an entrustment contract with respect to the instant truck (hereinafter “instant termination”) and received a favorable judgment from the said court on September 21, 2016, and the said judgment became final and conclusive on October 13, 2016.

C. On December 21, 2016, the Plaintiff filed an application with the Defendant for permission for trucking transport business using the instant truck, but was notified by the Defendant on December 29, 2016 as follows.

(hereinafter referred to as “instant disposition”). Notice of non-permission of the special case of the entrusted truck under Item (a) is given.

2. With respect to an application for permission for trucking transport business (special cases for permission for the termination of entrustment), the final results of the examination pursuant to Article 3 of the Trucking Transport Business Act and Article 7 of the Enforcement Rule, and the Guidelines for Handling Affairs of Permission for Trucking Transport Business for Entrusted Trucking Transport Business, and the omission thereof shall be known to the effect that the permission is not permissible as a result of the examination, and the omission thereof shall be made;

2. The parties' assertion

A. Defendant.

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