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(영문) 수원지방법원 2017.07.12 2016가단15293

소유권이전등록절차인수

Text

1. The part concerning the claim for confirmation of obligation to pay automobile tax, administrative fine, etc. among the lawsuit in this case shall be dismissed.

2. The plaintiff.

Reasons

1. Around March 12, 2008, the Plaintiff asserted that the Plaintiff purchased an automobile listed in the separate sheet in the name of the Plaintiff (hereinafter “the instant automobile”) and borrowed money from a bonds company with no name as collateral and then, if the Plaintiff fails to pay the borrowed money by the due date, the Plaintiff decided to delegate the disposition of the instant automobile to the bond company.

After that, as the Plaintiff failed to repay the borrowed money, the bond company sold the instant automobile to the Defendant.

Therefore, the defendant is obligated to take over the transfer registration procedure based on the transfer on March 12, 2008 concerning the instant automobile and pay automobile tax, administrative fine, etc. imposed on the instant automobile after March 12, 2008.

2. The Plaintiff seeks confirmation against the Defendant that the Defendant has the obligation to pay automobile tax, administrative fine, etc. imposed after March 12, 2008 with respect to the instant automobile. However, the obligation to pay an administrative fine, etc. imposed on the Plaintiff in relation to the administrative agency’s relationship can be transferred to the Defendant through the aforementioned lawsuit.

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.

3. In full view of the facts that there is no dispute between the parties to the judgment on the claim for the acceptance of the procedure for applying for the registration of transfer of ownership, and the purport of the entire pleadings as to the written evidence No. 1, the Insurance Development Institute, the current Marine Fire Insurance Co., Ltd., the Nonghyup Bank, the Nonghyup Bank, and the order of submission of financial information to the NA branch, i.e., the Plaintiff completed the transfer registration of ownership on March 12, 2008 in the name of the Plaintiff, and ii) the automobile liability insurance for the amount of 1 to 3 months in the name of the Plaintiff to the Hyundai Marine Fire Insurance Co., Ltd. from December 2010 to February 2015.