자동차소유권이전등록 등
1. Of the instant lawsuits, the part of the claim for the confirmation of liability to pay taxes, public charges, and fines shall be dismissed.
2. The defendant.
1. Comprehensively taking account of the overall purport of the pleadings as to the claim for acquisition of the transfer of ownership registration procedure Gap evidence Nos. 1 and 2, the Plaintiff borrowed three million won from the Defendant on July 24, 2014, and the Plaintiff agreed to transfer the instant vehicle owned by the Plaintiff to the payment in kind, and delivered the said vehicle to the Defendant along with all documents necessary for the transfer of ownership registration. ② The Defendant transferred three million won to the new bank account in the name of the Plaintiff on the same day, but the Defendant could be recognized as having failed to pay the money within the agreed time limit.
Since the Plaintiff delivered the instant automobile to the Defendant as payment in substitutes, the Defendant is obligated to accept the transfer registration procedure for the said automobile from the Plaintiff on July 24, 2014.
The plaintiff's claim for this part is justified.
2. On July 24, 2014, the Plaintiff filed a petition with the Defendant for confirmation that the Defendant had the obligation to pay taxes, public charges, and administrative fines imposed on the Plaintiff in relation to the said motor vehicle during the period during which the instant motor vehicle was transferred and operated until now.
However, a claim in a lawsuit is limited to specific rights and legal relations, and the benefit of confirmation in a lawsuit for confirmation is unclear, and the relationship is immediately finalized between the parties, and thus, there is a benefit of confirmation in a case where the risks or instability existing in the rights or legal status of the plaintiff in the lawsuit can be removed, and even though it is possible to bring a lawsuit for performance, allowing the claim for confirmation of the existence of the right to claim in a lawsuit for performance cannot be allowed in principle in light of the economy of the lawsuit,
(see, e.g., Supreme Court Decision 93Da40089, Nov. 22, 1994). Expenses relating to the possession and operation of vehicles between the Plaintiff and the Defendant.