자동차소유권이전등록절차이행
1. Administrative fines, automobile insurance, etc. imposed on each motor vehicle listed in the separate sheet among the instant lawsuits in the name of the Plaintiff.
1. In the instant lawsuit, the Plaintiff seeks to confirm that the obligation to pay fines for negligence, etc. arises in relation to the operation of each of the vehicles listed in the separate sheet, and the Defendant has the obligation to pay fines for negligence, automobile insurance, automobile tax, etc.
The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is recognized as the most effective and appropriate means to determine a judgment in order to eliminate the Plaintiff’s legal status’s apprehension and risk (see, e.g., Supreme Court Decision 93Da40089, Nov. 22, 1994). Even if the Plaintiff was rendered confirmation against the Defendant for the same reason as the Plaintiff alleged, the res judicata effect of the judgment does not extend only between the Plaintiff and the Defendant, and it does not affect the State, local governments, or insurance companies, and thus, it cannot be set up against the competent administrative agency imposing the fine for negligence, etc. by the judgment, and thus, it cannot be the most effective and appropriate means to eliminate the Plaintiff’s legal status
Therefore, the part of the claim for confirmation of the obligation to pay fines in the lawsuit of this case is unlawful as there is no benefit of confirmation.
2. Request for taking over the transfer registration procedures;
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by based service by publication (Article 208 (3) 3 of the Civil Procedure Act);
3. As to the Plaintiff’s lawsuit against the Defendant, the part of the Plaintiff’s claim for confirmation of the obligation to pay an administrative fine, etc. is unlawful and dismissed. The Plaintiff’s claim for acceptance of the ownership transfer registration procedure against the Defendant is justified, and it is so decided as per Disposition.