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(영문) 인천지방법원 2017.06.27 2017가단6930

자동차소유권이전등록인수등

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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.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act.

3. Judgment of partial dismissal and dismissal.

A. The Plaintiff sought confirmation against the Defendant that the Defendant is liable to pay administrative fines, automobile taxes, etc. imposed in relation to the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”). However, through the aforementioned lawsuit, the obligation to pay administrative fines, etc. imposed on the Plaintiff in relation to the administrative agency’s relationship can be transferred to the Defendant.

Inasmuch as the Plaintiff’s obligation to pay is not extinguished, the Plaintiff’s lawsuit on this part is unlawful as there is no benefit of confirmation.

B. The plaintiff alleged that the defendant should take over the right to collateral security of the Smart Savings Bank, which was the debtor and mortgage-holder of the plaintiff with respect to the motor vehicle of this case as the actual owner of the motor vehicle of this case. However, there is no assertion or proof as to the defendant's acceptance of the above right to collateral security as the right to collateral security against the defendant's acceptance of the above right to collateral security, and therefore, the plaintiff's above assertion is without merit