자동차소유권이전등록절차인수 등
1. The part concerning the claim for confirmation of liability for payment, such as fines for negligence and automobile tax, shall be dismissed.
2. The defendant.
1. As to the claim for confirmation of the obligation to pay administrative fines, automobile taxes, etc., the Plaintiff sought confirmation that the Defendant was liable to pay the administrative fines, automobile taxes, etc. to the Plaintiff, who is a registered titleholder, because the ownership transfer registration was not made after the Defendant acquired an automobile listed in the separate sheet (hereinafter “instant automobile”).
As to the legitimacy of the lawsuit in this part ex officio, there is a dispute between the parties as to the legal relationship subject to the lawsuit for confirmation, and thereby, it is recognized that it is the most effective and appropriate means to determine the plaintiff's legal status by the confirmation judgment in order to eliminate the plaintiff's apprehension and risk (see, e.g., Supreme Court Decisions 93Da40089, Nov. 22, 1994; 2003Da55059, Dec. 22, 2005). Even if the plaintiff was rendered confirmation judgment against the defendant for the same reason as the plaintiff alleged, the res judicata effect of the judgment does not extend between the plaintiff and the local government, and thus, it cannot be asserted against the competent administrative agency that imposed the public charge or the administrative fine, and since the plaintiff's obligation to pay the public charge, etc. registered as the owner in the motor vehicle register is not extinguished, it cannot be the most effective and appropriate means to remove the plaintiff's legal status and risk.
Therefore, the part of the claim for confirmation of the obligation to pay fines, automobile tax, etc. in the lawsuit of this case is unlawful as there is no benefit
2. Determination on the claim for the transfer of ownership registration procedure
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);
3. If so, the part of the claim for confirmation of the obligation to pay fines, automobile tax, etc. in the lawsuit in this case is unlawful and dismissed, and the transfer of ownership registration procedure and the claim for acquisition.