1. Revocation of the first instance judgment.

2. The Defendant’s refusal of trucking transport business against the Plaintiff on April 24, 2018.

Details of the disposition

A. On November 22, 2002, the Plaintiff purchased a truck (automobile registration number before the change: B; hereinafter “instant vehicle”) as indicated in the separate sheet No. 1, and entered into a title trust and consignment management contract with C Co., Ltd. (hereinafter “C”) on December 2, 2002, and registered the instant vehicle as the land-owned vehicle of C and operated the freight transport business.

B. On April 26, 2006, the Plaintiff entered into a title trust and consignment management agreement with E Co., Ltd. (hereinafter “E”) on the instant motor vehicle, and continued freight transport business with the attachment of “F” on the registration number of the instant motor vehicle for business use, by registering the instant motor vehicle to the branch entry of E.

C. On November 2, 2010, G Co., Ltd. (hereinafter “G”) acquired a trucking transport business license number including the registration number of the instant motor vehicle from E, and the Plaintiff again concluded a title trust and an entrustment contract with G on November 30, 2012 with respect to the instant motor vehicle, and continued the freight transport business by transferring the instant motor vehicle to the seat-in vehicle of G.

On June 10, 2016, the Plaintiff filed a lawsuit against G with Seoul Southern District Court 2016Kadan26109 (Seoul Southern District Court 2016Gadan26109) regarding the instant automobile (G also filed a counterclaim against the Plaintiff seeking the return, etc. of the vehicle number plates (F) attached to the instant automobile under the court 2016Kadan241588). On February 10, 2017, the said court rendered a judgment that “G shall implement the procedure for the transfer of ownership against the Plaintiff on July 11, 2016 for the instant automobile.”