자동차소유권이전등록절차인수
1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.
2. The defendant shall set forth in the attached list from the plaintiff.
1. Basic facts
A. On October 19, 200, the Plaintiff newly registered a motor vehicle as indicated in the separate sheet (hereinafter “instant motor vehicle”) and operated it, and requested the Nonparty to sell and purchase it on October 2001, and delivered all the documents related to the transfer and the instant motor vehicle to the Nonparty.
B. The Defendant purchased the instant vehicle from the person under whose name the Plaintiff had not been registered and delivered it, and concluded each of the instant insurance contracts concerning the instant automobile from June 27, 2003 to January 9, 2008 and operated it.
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, fact-finding results of this court's inquiry into the market in Seosan, the purport of the whole pleadings
2. On October 31, 2001, the Plaintiff seeks confirmation that the Defendant is liable to pay the fine for negligence, automobile tax, etc. imposed on the instant motor vehicle since the Plaintiff did not receive the transfer of the instant motor vehicle while using the instant motor vehicle upon delivery on October 31, 201.
ex officio, the benefit of confirmation in a lawsuit for confirmation is a dispute between the parties regarding the legal relationship subject to it. Accordingly, it is recognized that the judgment of confirmation is the most effective and appropriate means in removing the legal status of the plaintiff when the legal status of the plaintiff is unstable and dangerous. In addition, there are separate appeals procedures against the competent administrative agency regarding taxes, public charges, and fines for negligence. Even if the court accepted the plaintiff's claim for confirmation, the obligation to pay taxes, public charges, and fines for negligence imposed on the plaintiff by the judgment cannot be transferred from the plaintiff to the defendant or extinguished the plaintiff's obligation to pay such taxes, public charges, and fines for negligence. Thus, the part of the lawsuit for confirmation in this case cannot be deemed an effective and appropriate means to eliminate the
Therefore, the part of the claim for confirmation among the lawsuits of this case shall be dismissed.
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