소유권이전등록절차인수 등
1. The part concerning the claim for confirmation of the obligation to pay an administrative fine, automobile tax, etc. among the instant lawsuits shall be dismissed.
2. The plaintiff.
1. The Plaintiff asserted that: (a) on April 201, when requesting the Nonparty to sell and purchase the instant vehicle, the Plaintiff transferred all documents necessary for the transfer of the instant vehicle and the instant vehicle to the Nonparty; and (b) on April 28, 2011, the Defendant purchased the instant vehicle from the Nonparty, and the Nonparty first purchased the instant vehicle from the Nonparty, and the ownership transfer registration of the instant vehicle should be within several days; (c) however, the Plaintiff did not register the ownership transfer of the instant vehicle
In addition, the Defendant did not pay the fine for negligence, automobile tax, etc. incurred while operating the said automobile after acquiring the instant automobile on April 28, 2011.
Therefore, the Defendant is obligated to take over the transfer registration procedure based on the transfer on April 28, 201 with respect to the instant automobile from the Plaintiff, and further seek confirmation that the Plaintiff and the Defendant are liable to pay fines for negligence, automobile tax, etc. imposed on the instant automobile.
2. Determination
A. We examine whether the part of the claim for confirmation of the obligation to pay administrative fines, automobile tax, etc. in the lawsuit in this case is legitimate ex officio with regard to the claim for confirmation of obligation to pay administrative fines, automobile tax, etc.
The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship which is the subject matter of confirmation, and thereby, it is recognized in cases where the plaintiff's legal status is the most effective and appropriate means to eliminate the risk of uncertainty when the plaintiff's legal status is in danger, and even though it can bring a lawsuit for performance, permitting the claim for confirmation of existence of the claim for performance itself
However, in this case, even if the Plaintiff received a confirmation judgment against the Defendant as alleged, the obligation to pay fines, automobile taxes, etc. imposed on the Plaintiff by such judgment is transferred from the Plaintiff to the Defendant.