자동차소유권이전등록
1. The part concerning the claim for confirmation in the instant lawsuit shall be dismissed.
2. The defendant shall set forth in the attached list from the plaintiff.
1. Determination on the claim for transfer of ownership registration procedure and acquisition
(a) Indication of claims: To be as shown in the reasons for the claims;
(other than the part of the claim for confirmation)
(b) Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act;
2. The Plaintiff’s determination on the claim for confirmation is sought to confirm that the Defendant did not transfer ownership after acquiring the motor vehicle indicated in the separate sheet, and thus, the Plaintiff, who is the title holder of registration, was subject to the fine for negligence and tax due, and
Ex officio, this part of the lawsuit is deemed lawful. In the lawsuit for confirmation, there is a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is acknowledged in cases where there is dispute between the parties as to the legal relationship subject to the lawsuit and where there is apprehension or risk of the Plaintiff’s rights or legal status, thereby obtaining a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or risk.
However, inasmuch as separate procedures for objection against fines for negligence and taxes and public charges are provided, the Plaintiff ought to contest the legality of imposition, including fines for negligence, on the ground of the circumstances alleged above in the appeal procedure. Even if the Plaintiff received a confirmation judgment, the said judgment remains effective only between the Plaintiff and the Defendant, and does not extend to the administrative agency that imposed fines for negligence, etc., insofar as such confirmation judgment may act in favor of the Plaintiff in the appeal procedure against the administrative agency, it cannot be deemed the most effective and appropriate means to remove the Plaintiff’s legal status
Therefore, the part concerning the claim for confirmation in the lawsuit of this case is unlawful as there is no benefit of confirmation.
3. In conclusion, the part of the instant lawsuit concerning the claim for confirmation is unlawful, and thus, the remainder of the claim is justified.