자동차소유권이전등록절차인수
1. Of the instant lawsuits, the part of the claim for confirmation of liability to pay taxes, public charges, and fines for negligence shall be dismissed.
2. The defendant.
1. Determination on a claim for confirmation of liability to pay taxes, public charges, and administrative fines
A. The Plaintiff asserted that the Defendant did not register the transfer of ownership after the transfer of the instant vehicle, and thus, the Plaintiff, a registered titleholder, imposed the tax and public charges, such as the fine for negligence and the automobile tax, and accordingly, the Defendant is liable for such payment
B. We examine ex officio the legitimacy of this part of the lawsuit ex officio.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is in dispute between the parties as to the legal relationship subject thereto, and thereby, it is recognized in cases where receiving a judgment of confirmation is the most effective and appropriate means to eliminate the anxiety or risk when there is apprehension or risk in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). However, separate procedures for objection to fines for negligence or automobile tax are established. As such, the Plaintiff must dispute the legality of imposition of fines for negligence, etc. on the ground of the circumstances alleged above in the appeal procedure. Even if the Plaintiff received a judgment of confirmation, the effect of the judgment is only between the Plaintiff and the Defendant, but it does not affect the administrative agency imposing fines for negligence, etc., and thus, it is difficult to view the part of the Plaintiff’s claim for confirmation as the most effective and appropriate means to eliminate the
C. Accordingly, the part of the instant lawsuit’s claim for confirmation is unlawful as there is no benefit of confirmation.
2. Determination on the claim for the acquisition of transfer registration procedure
A. The facts of recognition can be acknowledged by considering the whole purport of the pleadings as a whole as to the entries in Gap evidence Nos. 1 and 2 and the fact inquiry into the old market of this Court.
(1) The former husband of the Plaintiff around August 2012.