자동차소유권이전등록절차인수
1. Of the instant lawsuit, the part of the claim for confirmation as to the duty to pay taxes, public charges, and fines for negligence shall be dismissed.
2...
1. As to a claim for confirmation of liability for payment of taxes, public charges, and fines for negligence, a lawsuit for confirmation shall be permitted where there is a benefit to immediately settle the dispute between the parties to the dispute in relation to the present rights or legal relations. If a claim for performance can be claimed, it is not more effective to eliminate anxiety and it cannot be a valid and appropriate means in light of the economy of the lawsuit
As such, it is not allowed to obtain confirmation from a person who is not a party to a direct dispute, and it is unlawful as there is no legal interest in seeking confirmation, since it is not significantly effective to eliminate the apprehension of legal status, barring special circumstances.
(See Supreme Court Decision 91Da6757 delivered on July 23, 1991). Although the Plaintiff, who received a disposition of a fine for negligence and a local tax regarding the instant automobile, sought confirmation of the obligation to pay to the Defendant, the judgment’s effect extends only between the Plaintiff and the Defendant, and does not extend to the country or local government that made the disposition.
Therefore, such confirmation judgment cannot be the most effective and appropriate means to eliminate the plaintiff's legal status's anxiety and risk.
The plaintiff's claim for this part is unlawful.
2. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 and No. 1 as to the claim for acquisition of transfer of ownership registration procedure, the Defendant, who was the owner of the instant vehicle, requested the broker to sell the instant vehicle on May 15, 2013. The broker requested the Defendant to provide a loan, and the Defendant provided the broker with the necessary documents to enable the Defendant to register the establishment of mortgage on the instant vehicle by designating the buyer as the debtor. Of May 2013, 2013, the Plaintiff was the mother of the Plaintiff to obtain the loan from the policeman.