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(영문) 대구지방법원 2017.11.24 2017가단119490

소유권이전등록

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1. The part of the lawsuit in this case concerning the claim for confirmation of payment obligation, such as administrative fines, shall be dismissed.

2. The defendant shall attach attached Form to the plaintiff.

Reasons

1. As the Plaintiff seeks confirmation on the legitimacy of the part of the claim for confirmation of the obligation to pay fines for negligence, etc., the Plaintiff seeks confirmation to the Defendant that the obligation to pay automobile tax and the fine for negligence occurred on the instant automobile, this part of the

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 that is the subject matter of confirmation, and thereby, it is recognized as the most effective and appropriate means to determine as the judgment in order to eliminate the Plaintiff’s legal status’s apprehension and risk (see, e.g., Supreme Court Decisions 93Da40089, Nov. 22, 1994; 2003Da55059, Dec. 22, 2005). However, even if the Plaintiff is confirmed as to the Defendant on the grounds as alleged above, the res judicata effect of the judgment is limited only between the Plaintiff and the Defendant, and it does not affect the State or local governments, and thus, it cannot be the most effective and appropriate means to eliminate the Plaintiff’s legal status apprehension and risk.

Therefore, the part of the claim for confirmation of the obligation to pay fines, automobile tax, etc. among the lawsuit of this case is unlawful as there is no benefit

2. Request for implementation of procedures for ownership transfer registration;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. As such, the part of the claim for confirmation of the obligation to pay the fine for negligence among the instant lawsuit is unlawful, and thus, it is dismissed. The plaintiff's claim for the implementation of the procedure for ownership transfer registration is justified, and it is so decided as per Disposition