자동차소유권이전등록절차인수
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. Determination on the part concerning the claim for confirmation of the obligation to pay taxes and public charges (including fines for negligence) among the instant lawsuit
A. After the Defendant registered the transfer of ownership in the name of the Plaintiff for each of the instant automobiles in around 2009, the Defendant did not pay all the taxes and public charges, including administrative fines, environmental improvement charges, expressway tolls, and automobile taxes, which were incurred in operating as the actual owner of the said respective automobiles.
Even if the plaintiff won a lawsuit against the defendant for the registration of transfer of ownership on each of the instant vehicles, he/she cannot transfer the name of each of the instant vehicles unless he/she pays all the taxes and public charges, such as the enormous fines for negligence, registered, etc. attached to the said vehicles.
Therefore, the Plaintiff seeks to confirm that the Defendant is liable to pay taxes and public charges, such as the above administrative fine, so that each of the above vehicles can be transferred to the Defendant without paying the above taxes and public charges.
B. In a lawsuit seeking an ex officio determination on the legitimacy of a claim for confirmation, the benefit of confirmation is recognized in cases where there is a dispute between the parties regarding the legal relationship subject to the claim, and thereby, it is recognized that the judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s risk when the Plaintiff’s legal status is unstable. Even though the Plaintiff may bring a lawsuit for performance, permitting the claim for confirmation of the existence of the right to claim performance itself is not effective
However, in this case, even if the Plaintiff received a confirmation judgment against the Defendant, as alleged by the Plaintiff, the obligation to pay taxes and public charges, including fines for negligence, imposed on the Plaintiff by the said judgment, is not transferred to the Defendant from the original source. In other words, the said confirmation judgment on internal monetary burden between the Plaintiff and the Defendant alone does not extinguish the obligation to pay taxes and public charges, such as the Plaintiff’s