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(영문) 수원지방법원평택지원 2015.03.17 2014가단17256

자동차소유권이전등록절차인수 등

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1. Persons liable to pay administrative fines, automobile taxes, etc. imposed on motor vehicles listed in the separate sheet among the instant lawsuits.

Reasons

1. Basic facts

A. On November 18, 2002, the Plaintiff acquired the instant automobile and completed the ownership transfer registration.

B. On December 2003, the Plaintiff offered the instant automobile as security and issued the documents necessary for the registration of transfer of ownership along with the money borrowed from a third party.

C. The defendant is a person who is responsible for the motor vehicle of this case from August 10, 2004 to October 12, 2004 and has purchased a voluntary insurance policy.

After that, the name of the policyholder for the instant vehicle has been changed to C, D, Plaintiff, E, F, G, F, etc., but the name of the owner remains as the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2 (including number 2), fact-finding results on the place of business registration of Pyeongtaek-si in this Court, and the purport of the whole pleadings

2. Determination

A. Determination of legality as to the part of the claim for confirmation 1) The Plaintiff’s assertion is that the Defendant purchased the instant automobile, and thus, the Plaintiff’s claim for confirmation that the Defendant is liable to pay an administrative fine, automobile tax, etc. imposed in the name of the Plaintiff in relation to the operation of the said automobile from December 31, 2003, when the Plaintiff lost possession of the said automobile (hereinafter “claim for confirmation”).

2) The claim for confirmation is not necessarily limited to the legal relationship between the plaintiff and the defendant, but can also be the object of the legal relationship between the plaintiff and a third party or between the third party. However, according to such legal relationship, the confirmation of such legal relationship is required to be immediately determined by the confirmation judgment between the plaintiff and the defendant as the object of the confirmation of the above legal relationship in order to eliminate the risks and uneasiness of the plaintiff's rights or legal status.

(see, e.g., Supreme Court Decisions 94Da23388, Nov. 8, 1994; 90Meu21589, Nov. 23, 1990). The instant case is a health unit.