자동차소유권이전등록
1. The part concerning the claim for confirmation in the instant lawsuit shall be dismissed.
2. The defendant shall set forth in the attached Form from the plaintiff.
1. Determination as to the lawfulness of the lawsuit claiming confirmation
A. The Plaintiff merely lent the name of ownership registration of a motor vehicle as indicated in the separate sheet (hereinafter the instant motor vehicle) to the Defendant, and sought confirmation that the said motor vehicle was seized because the Defendant did not pay various administrative fines incurred while operating the instant motor vehicle, and thus, the Plaintiff is liable for the payment for the registration of ownership transfer.
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 in question, and it is the most effective and appropriate means to eliminate the Plaintiff’s risk of legal status arising therefrom.
In this case, there is a separate procedure of objection against the competent administrative agency regarding the imposition of fines for negligence, and even if the Plaintiff’s request for confirmation of this case is accepted, the obligation to pay fines for negligence imposed on the Plaintiff cannot be extinguished or transferred
C. Therefore, the part of the claim for confirmation in the lawsuit of this case cannot be deemed an effective and appropriate means to eliminate the Plaintiff’s risks of legal status, and there is no interest in confirmation.
2. Determination on the claim for the acquisition of the registration procedure of automobile ownership transfer
A. On July 29, 2014, the Defendant lent the Plaintiff’s name, and completed the procedure for the registration of ownership transfer on the instant motor vehicle on July 29, 2014, and the fact that on September 30, 2014, the Plaintiff terminated the title trust and that on October 15, 2014, the Defendant decided to transfer the registration name of the motor vehicle to the Defendant by October 15, 2014 is deemed to have led to confession under Article 257(1)
B. Therefore, the Defendant is obligated to accept from the Plaintiff the transfer registration procedure based on the termination of the above title trust with respect to the instant automobile.
3. If so, the part of the claim for confirmation in the lawsuit in this case is unlawful and dismissed, and the claim for the acquisition of the procedure for the registration of ownership transfer.