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(영문) 인천지방법원 2017.12.14 2017구합52225
운수사업허가 거부처분취소 청구의 소
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 March 27, 2006, the Plaintiff entered into an agreement on the title trust and transportation business of vehicles (only “in the case of a party entry agreement”; hereinafter “in the case of a party entry agreement”) with C on March 27, 2006 with respect to the vehicle B (hereinafter “instant vehicle”), and entered into an entry agreement with D Co., Ltd. on August 3, 2007, and entered into an entry agreement on May 17, 2016.

B. The Plaintiff filed a civil lawsuit against D Co., Ltd. seeking the ownership transfer registration of the instant vehicle (hereinafter “related civil lawsuit”) on the ground of the termination of the land entry contract, and was awarded a favorable judgment of the Plaintiff on February 3, 2017, and the said judgment became final and conclusive around that time.

C. On May 2, 2017, the Plaintiff filed an application with the Defendant for permission for trucking transport business on the ground that the person who runs a trucking transport business from January 20, 2004 under a title trust with the person who was entrusted with the trucking transport business (hereinafter “transport business”) (hereinafter “the person who was entrusted with the trucking transport business”) under the title trust with the person who was entrusted with the trucking transport business from January 20, 2004 pursuant to Article 2 of the Addenda of the Trucking Transport Business Act (Act No. 11064, Sept. 16, 201) and Article 3(2) of the Addenda of the said Act (Act No. 7100, Jan. 204) (hereinafter “instant Addenda”). However, on May 16, 2017, the Defendant did not submit any evidentiary document to the Plaintiff on the ground that the Plaintiff was not admitted from January 20, 2004 (hereinafter “the Plaintiff”).

[Reasons for Recognition] Facts without dispute, Gap's 1-2 (including virtual numbers), 4-6, 12, 15, and Eul's 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 당사자 주장요지 (1) 원고 ㈎ 처분사유 부존재 원고는 2000. 3. 27. E이 운영하는 F 주식회사와...

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