자동차소유권이전등록절차인수등
1. The part of the Plaintiff (Appointed Party)’s claim for confirmation of the obligation to pay administrative fines, etc. among the instant lawsuits shall be dismissed.
2...
1. On May 2010, the Plaintiff (Appointed Party) and the selector entered in the separate sheet of the designated parties (hereinafter “Plaintiff, etc.”) requested a third party to sell an automobile listed in the separate sheet of the Plaintiff, etc. owned by the third party (hereinafter “instant automobile”), and the Defendant for the same month.
4. The fact that the automobile of this case was purchased from a third party and was handed over from that time, and operated from that time, can be recognized by each description of evidence Nos. 1, 2, and 3.
2. On the ground that the Plaintiff’s claim for confirmation of the obligation to pay the administrative fine, etc. is subject to the administrative fine, automobile tax, etc. related to the operation of the instant vehicle under the name of the Plaintiff et al. since the Plaintiff et al. purchased the instant vehicle and operated the instant vehicle after being handed over from around that time, the Plaintiff’s claim for
With respect to the legitimacy of this part ex officio, the benefit of confirmation in a lawsuit for confirmation is acknowledged in cases where there is a dispute between the parties as to the legal relationship subject to the lawsuit for confirmation, and thereby, it is recognized that the judgment of confirmation is the most effective and appropriate means to eliminate the risks of the plaintiff's rights or legal status in danger.
However, even if the Plaintiff received a confirmation judgment against the Defendant on the grounds as alleged above, the Plaintiff’s liability to pay taxes, public charges, and administrative fines imposed on the Plaintiff by such judgment is not transferred from the Plaintiff to the Defendant, and thus, the Plaintiff’s liability to pay taxes, public charges, and administrative fines imposed on the tax authority or administrative
Therefore, the above confirmation judgment cannot be deemed the most effective and appropriate means to remove the Plaintiff’s legal status unstable risks. Therefore, this part of the claim is confirmed.