자동차소유권이전등록절차이행 등
1. The part concerning the claim for confirmation of the obligation to pay taxes and public charges (including fines for negligence) among the lawsuits in this case shall be dismissed;
2. The defendant.
1. The Plaintiff’s claim for confirmation of the obligation to pay taxes and public charges (including fines for negligence) is based on the attached list owned by the Plaintiff
1. A list in the annexed sheet, because the recorded vehicle did not pay taxes and public charges (including fines for negligence) incurred while operating the vehicle by acquiring it on September 13, 2011;
1. A list of the attached sheet imposed on the Plaintiff after the acquisition date of the indicated vehicle;
2. The Defendant asserts that the obligation to pay the tax and the public charges (including the fine for negligence; hereinafter “tax and the public charges, etc.”) written on the grounds that such obligation exists to the Defendant.
We examine ex officio the legitimacy of this part of the lawsuit.
In a lawsuit for confirmation, the benefit of confirmation is recognized as the most effective and appropriate means when there is a dispute between the parties as to the legal relationship subject to confirmation, and the plaintiff's legal status is at risk of uncertainty.
However, even if the Plaintiff received a confirmation judgment against the Defendant as alleged in the instant case, the obligation to pay taxes and public charges imposed on the Plaintiff by such judgment is not transferred to the Defendant from its original source (the Plaintiff’s liability to pay taxes and public charges, etc. against the tax authority or the administrative agency imposing the tax authority solely on the foregoing judgment is not extinguished). The said confirmation judgment cannot be the most effective and appropriate means to remove the Plaintiff’s legal status
Thus, the part of the lawsuit in this case's claim for confirmation of the payment obligation is unlawful as there is no benefit of confirmation.
2. Determination on the procedure for transferring ownership of a motor vehicle and demanding the takeover thereof
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);
3. According to the conclusion, the part of the instant lawsuit’s claim for the confirmation of liability for payment of taxes and public charges is unlawful, and thus, it is dismissed.