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(영문) 수원지방법원여주지원 2017.08.16 2017가합277
소유권이전등록
Text

1. On April 13, 2017, regarding the permission for trucking transport business listed in the separate sheet No. 1 list among the instant lawsuits.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. A request for a procedure for the change of the name of permission: Article 3(1) of the Small Trucking Transport Business Act provides that "a person who intends to operate a trucking transport business shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;" Article 16(1) of the same Act provides that "where a person intends to transfer or acquire a trucking transport business, he/she shall report to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and Article 16(6) of the same Act provides that a person who has acquired a trucking transport business succeeds to the status of the transferor of the trucking transport business as a trucking transport business; and Article 23(1) of the Enforcement Rule of the same Act provides that "a person who intends to report the transfer or acquisition of a trucking transport business under Article 16(1) of the Act shall submit a report under attached Form 16 to the competent authority (in order to make a report under the above Form, a joint application jointly signed by the transferor or transferee);

In full view of the above provisions of the Trucking Transport Business Act and its enforcement regulations, if the transfer of the trucking transport business and the subsequent report are lawfully made, the transferee succeeds to the status of the transferor as the trucking transport business operator, and as a result, the name of the permit for the trucking transport business is changed without a separate application from the transferor. Therefore, the transferee claims against the transferor for the implementation of the procedure for the transfer and acquisition

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