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(영문) 부산지방법원 2015.08.11 2015가단26241
자동차소유권이전등록
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The defendant shall set forth in the attached list from the plaintiff.

Reasons

1. Determination on the part of the claim for confirmation

A. On December 31, 2002, the Plaintiff asserted that the Defendant acquired an automobile listed in the separate sheet from the Plaintiff on December 31, 2002, and operated without taking the registration procedure for the transfer of the ownership of the automobile, and imposed an administrative fine, automobile tax, etc. on the Plaintiff as the registered titleholder, and accordingly, the Plaintiff’s obligation to pay

B. ex officio, determination of this part of the lawsuit is accepted where: (a) the benefit of confirmation in a lawsuit for confirmation is the most effective and appropriate means to obtain a confirmation judgment from the parties to remove the Plaintiff’s legal status’s anxiety and risk due to dispute regarding the legal relationship subject to the lawsuit for confirmation.

However, even if the Plaintiff received a confirmation judgment against the Defendant on the grounds as alleged in its assertion, the res judicata effect of the judgment does not extend only between the Plaintiff and the Defendant, and it does not affect the State or a local government. Therefore, it cannot be asserted against the administrative

Therefore, the part of the claim for confirmation of the obligation to pay administrative fines, automobile taxes, etc. in the lawsuit of this case is unlawful as there is no benefit of confirmation since it cannot be the most appropriate means to eliminate the plaintiff's legal status's instability and danger

2. Determination on the claim for taking over the procedure for the registration of automobile ownership transfer

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

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

3. As such, the part of the claim for confirmation as to the obligation to pay fines for negligence and automobile tax in the lawsuit of this case is unlawful, and thus, it is dismissed. The part of the claim for acquisition of ownership transfer registration is justified, and it is so decided as per Disposition.

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