자동차소유권이전등록등
1. The part concerning the claim for confirmation of payment of fines for negligence, automobile tax, etc. among the lawsuit in this case shall be dismissed.
2. The defendant.
1. Basic facts
A. On May 28, 2003, the Plaintiff completed the registration of ownership of the automobile as indicated in the attached Form (hereinafter “instant automobile”).
B. On April 30, 2006, the Plaintiff transferred documents and automobiles necessary for the registration of the transfer of ownership of a motor vehicle to a person who was named in the name of the deceased.
C. The defendant concludes a compulsory insurance contract of the personal automobile insurance for the automobile of this case from December 28, 2006 to December 28, 2007 and operates the automobile of this case.
On March 21, 2007, the above compulsory insurance contract was terminated.
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, fact inquiry results of this court's Busan office for the investigation of facts, purport of the whole pleadings
2. Determination
A. On April 30, 2006, the Plaintiff confirmed that the Defendant is liable to pay the fine for negligence and automobile tax, etc., since the Defendant did not pay the fine for negligence and automobile tax incurred while operating the said automobile after acquiring the instant automobile, etc., among the instant lawsuit.
Ex officio, we examine whether the part concerning the claim for confirmation of the obligation to pay administrative fines, automobile tax, etc. is legitimate.
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 which is the subject matter of confirmation, and thereby, it is recognized in cases where the plaintiff's legal status is the most effective and appropriate means to eliminate the risk of apprehensions when the plaintiff's legal status is in danger, and even though the plaintiff can bring a lawsuit for performance, permitting the claim for confirmation of the existence of the right
However, even if the Plaintiff received a confirmation judgment against the Defendant as alleged in this case, the obligation to pay the fine for negligence, automobile tax, etc. imposed on the Plaintiff by the said judgment is transferred from the Defendant to the Defendant.