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(영문) 대구지방법원포항지원 2016.08.25 2016가단2510

자동차소유권이전등록절차인수

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1. The part concerning the claim for confirmation of liability for payment, such as administrative fines, among the lawsuits in this case

2. The defendant shall attach a separate sheet from the plaintiff.

Reasons

1. Basic facts

A. On January 2, 2002, the Plaintiff purchased the instant motor vehicle from the Young Automobile Co., Ltd. and registered it under its own name.

B. On June 10, 2002, the Plaintiff requested C, the former spouse, to sell the instant vehicle, and delivered the instant vehicle together with all documents necessary for the registration of transfer of ownership of the said vehicle, and was aware that the said vehicle was disposed of.

C. Meanwhile, the Defendant, through the Internet, purchased the instant motor vehicle from his/her name in distress, concluded each motor vehicle insurance contract with the Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “former Marine Fire Insurance”) regarding the said motor vehicle with the insurance period from January 9, 2015 to January 9, 2016, and from January 9, 2016 to January 9, 2017, and operated the said motor vehicle.

From October 15, 2002 to the time the lawsuit of this case is filed, the registration of seizure on the grounds of various administrative fines due to the violation of parking and stopping regulations and the unpaid automobile tax, etc. has been made on several occasions.

[Grounds for Recognition] A without dispute, Gap evidence Nos. 1 through 3, and the result of this court's response to an order to submit documents for modern marine trade and fire insurance, the purport of the whole pleadings

2. On October 15, 2002, the Plaintiff: (a) confirmed that the Defendant was liable to pay fines for negligence, automobile tax, etc. from October 15, 2002 to the Plaintiff, who is a registered titleholder, due to the acquisition of the instant motor vehicle and the transfer of ownership; and (b) confirmed that the Defendant was liable to pay fines for negligence, automobile tax, etc. from October 15, 2002.

ex officio, examining the legitimacy of the claim portion, the benefit of confirmation in a lawsuit for confirmation is the most effective means to determine the legal relationship between the parties as to the legal relationship subject to it, and thereby, to determine the legal status of the plaintiff as the confirmation judgment when the legal status of the plaintiff is at risk of unstable.