과태료 등 부과처분 취소청구의 소
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff’s assertion was issued a final and conclusive judgment on July 28, 2016 to the effect that “B takes over the transfer registration procedure of the instant vehicle from the Plaintiff on the ground of termination of title trust on November 24, 2015 (hereinafter “instant judgment”) with respect to the instant vehicle for the benz (BEZ) registered in the Plaintiff’s name (hereinafter “instant vehicle”) 2004-type C (hereinafter “instant vehicle”), and that “B takes over the transfer registration procedure of the ownership of the instant vehicle for the reason of termination of title trust from the Plaintiff on September 3, 2015, and confirmed that the Defendants had the responsibility for payment, such as administrative fines, taxes, public charges, etc. imposed by the Defendants on the instant vehicle, and that the ownership of the instant vehicle was the actual operator of the instant vehicle, and that the Plaintiff was forcedly transferred to B who had been living with the Plaintiff in the past.”
Nevertheless, the Defendants’ disposition, which is premised on the Plaintiff’s obligation to pay administrative fines, automobile tax, etc. concerning the instant vehicle, is unlawful, and this should be imposed on B.
B. Defendant’s assertion 1) The lawsuit in this case by the head of Suwon-gu, the head of Seocho-gu, and the head of Nowon-gu, seeking revocation, even if based on the date of the most late disposition of the above Defendants, the period of 90 days, and thus, is inappropriate. It is legitimate for the above Defendants to impose automobile tax on the Plaintiff, the owner of the instant vehicle vehicle register, pursuant to Article 125(1) of the Local Tax Act. The disposition of the fine for negligence by the office of registration of Defendant Suwon-gu, which is the owner of the instant vehicle, should be disputed with the procedure prescribed by the Act on the Regulation of Violations of Violations of Public Order, rather than the administrative litigation. Thus, the lawsuit in this case is unlawful, and the imposition authority of the fine for negligence and additional dues imposed on the Plaintiff in total, KRW 1
2. An entry in the attached Form of relevant Acts and subordinate statutes;
3. Determination
A. Of the instant lawsuits, the revocation of the imposition of automobile tax against the head of Suwon, the head of Seocho-gu, and the head of Nowon-gu.