자동차소유권이전등록 이행
1. Of the instant lawsuits, the part concerning the claim for confirmation of the liability to pay taxes, public charges, and administrative fines shall be dismissed.
2. The defendant.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;
3. On April 1, 2007, the Plaintiff asserts that “the Defendant is liable to pay taxes, public charges, and administrative fines imposed prior to April 1, 2007, to the Plaintiff, and the Defendant is liable to pay taxes, public charges, and administrative fines imposed after the operation of the said automobile, while paying the purchase price to the Plaintiff on the same day, and receiving the documents necessary for the registration of transfer of ownership, and then receiving the documents necessary for the registration of transfer of ownership.” The Plaintiff asserts that in relation to the said automobile, the Plaintiff is liable to pay taxes, public charges, and administrative fines imposed after the said vehicle.”
Ex officio, we examine the legitimacy of the part concerning the claim for confirmation among the lawsuits of this case.
In a lawsuit for confirmation, there is a dispute between the parties as to the legal relationship which is the object of confirmation, and the judgment of confirmation is recognized as the most effective and appropriate means when the plaintiff's legal status is unstable and dangerous, and even though it can bring a lawsuit for performance, allowing the claim for confirmation of the existence of the claim for performance itself is not effective and is not allowed.
In this case, even if the Plaintiff received a confirmation judgment against the Defendant, as alleged by the Plaintiff, the obligation to pay taxes, public charges, and fines for negligence imposed on the Plaintiff by such judgment is not transferred from the Plaintiff to the Defendant (the said confirmation judgment on internal monetary burden between the Plaintiff and the Defendant does not extinguish the Plaintiff’s obligation to pay taxes, public charges, and fines for negligence to the administrative authorities or the tax authorities). The said confirmation judgment cannot be the most effective means to remove the Plaintiff’s legal status unstable risks,