자동차소유권이전등록
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 annexed Form 1 from the plaintiff.
1. Whether the part of the instant lawsuit pertaining to the claim for confirmation is lawful
A. The Plaintiff is seeking confirmation that the Defendant is liable to pay automobile tax, administrative fine, etc. imposed in the name of the Plaintiff in relation to the operation of the instant automobile, since the Defendant occupied and used the instant automobile listed in the attached Form 1 in the name of the Plaintiff (hereinafter “instant automobile”). Accordingly, we examine the legitimacy of the instant lawsuit ex officio.
B. 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 the most effective and appropriate means to determine the plaintiff's legal status as the confirmation judgment to eliminate the anxiety and risk when the plaintiff's legal status is in danger and danger (see, e.g., Supreme Court Decisions 93Da40089, Nov. 22, 1994; 2003Da55059, Dec. 22, 2005). Even if the plaintiff is judged as a 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 cannot be asserted against the competent administrative agency imposed by the public or administrative fine, and therefore, it cannot be the most effective and appropriate means to eliminate the plaintiff's legal status's imminent danger registered as the owner in the motor vehicle register.
Therefore, the part on the claim for confirmation of the obligation to pay taxes, public charges, and fines among the instant lawsuit is unlawful as there is no benefit of confirmation.
2. Determination on the claim for the acquisition of transfer registration procedure
A. (1) The plaintiff's assertion (1) completed the transfer registration procedure on May 15, 2008 with respect to the instant automobile. The defendant purchased the instant automobile in the name of the plaintiff C and D around June 4, 2008, and the defendant takes over the transfer registration procedure with respect to the instant automobile from the plaintiff.