공과금 및 과태료 납부의무확인 등
1. The main part of the lawsuit in this case shall be dismissed.
2. The defendant shall pay 18,631,220 won to the plaintiff and its related expenses.
1. Basic facts
A. On June 2001, the Plaintiff entered the name of the Defendant with the Defendant as the Plaintiff, and agreed to pay taxes, public charges, and administrative fines imposed on the instant automobile.
B. On October 30, 2014, the Plaintiff filed a lawsuit against the Defendant seeking the acquisition of ownership transfer registration under Daejeon District Court 2014Kadan22748, and the said court rendered a judgment on October 30, 2014 that “the Defendant shall accept from the Plaintiff the transfer registration procedure for the instant automobile due to the termination of title trust on June 19, 2001.”
C. Since June 2001, the sum of taxes, public charges and administrative fines imposed on the instant automobile is KRW 18,631,220, and the detailed details are as shown in the attached Table.
[Reasons for Recognition] Facts of confession
2. Judgment as to the main claim
A. The plaintiff's assertion that in order to complete the procedure for ownership transfer registration for the motor vehicle of this case, the seizure registration due to the completion of the motor vehicle of this case, the above taxes, public charges, and fines for negligence should be cancelled. The above taxes, public charges and fines for negligence agreed to be paid by the defendant, and there is a benefit to confirm that the defendant is liable to pay the above taxes, public charges and fines for negligence against the defendant to cancel the above seizure
B. Determination ex officio, a lawsuit for confirmation is recognized where obtaining a judgment of confirmation is the most effective and appropriate means when the legal status of the plaintiff is unstable and dangerous, and a lawsuit for seeking performance is filed, despite the fact that filing a lawsuit for confirmation is not a final solution of a dispute, and thus there is no benefit in confirmation.
(See Supreme Court Decisions 95Da5622 delivered on December 22, 1995, 2005; 2005Da60239 delivered on March 9, 2006, etc.). The health stand for the instant case.