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(영문) 대구지방법원상주지원 2016.01.27 2015가단3234

소유권이전등록

Text

1. Of the instant lawsuit, part of the claim for confirmation of the obligation to pay administrative fines, automobile taxes, automobile insurance premiums, etc.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts.

3. In a lawsuit for confirmation of dismissal part, the benefit of confirmation exists between the parties as to the legal relationship subject to it, and thereby, it is recognized that the determination of the plaintiff's legal status as the confirmation judgment is the most effective and appropriate means to eliminate such apprehension and danger when the plaintiff's legal status is unstable and dangerous (see, e.g., Supreme Court Decision 2003Da55059, Dec. 22, 2005). Even if the plaintiff is rendered a confirmation judgment against the defendant for the same reason as the plaintiff alleged, the res judicata effect of the judgment does not extend to the state or local government, and thus, it cannot be asserted against the creditor by the judgment, and the plaintiff's obligation to pay the administrative fine, automobile tax, etc., registered as the owner of the motor vehicle register does not cease to exist. Thus, it cannot be the most effective and appropriate means

Therefore, the part of the claim for confirmation of administrative fines, automobile taxes, etc. in the lawsuit of this case is dismissed as there is no benefit in confirmation.