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(영문) 수원지방법원 2018.03.27 2017구합66344
화물자동차운송사업허가신청 반려처분 취소
Text

1. On May 12, 2017, the Defendant’s disposition to revoke the Plaintiff’s application to return trucking transport services applied to the Plaintiff.

2...

Reasons

1. Basic facts

A. On January 9, 1996, the Plaintiff entered into an entrustment contract with the Korean Trucking Ship Co., Ltd. (hereinafter “National Trucking Ship”). The Plaintiff: (a) held a title trust of BRano 5 tons of truck (including all the vehicles replaced by the scrapping of rank); and (b) the national truck entered into an entrustment contract with the Plaintiff with the content of entrusting the transportation business using the instant vehicle.

B. A contract of entrustment was prepared on September 2006 between C and the national truck, which is the Plaintiff’s child, stating that the contract of entrustment concerning the instant vehicle was concluded. On September 21, 2006, C stated that the instant vehicle was invested in kind and the contract of entrustment was concluded on September 21, 2006, and stated that the said contract of entrustment was terminated on November 26, 2008.

C. On May 22, 2009, the Plaintiff drafted an entrustment contract with the Korean Trucks. D.

Meanwhile, from September 2007 to October 201, Ansan-si paid a fuel subsidy to the recipient C, and from February 2012, the recipient as the plaintiff was paid a fuel subsidy.

E. On August 13, 2015, the Plaintiff was rendered a ruling that “the Plaintiff will take over the transfer registration procedure for the instant vehicle from a nationwide truck on the ground of the termination of the entrustment contract as of August 27, 2014,” and the said ruling became final and conclusive around that time.”

F. On April 12, 2017, the Plaintiff terminated a title trust and an entrustment contract pursuant to Article 3(2) of the Addenda of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004) and run trucking transport business with the instant vehicle.

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