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(영문) 광주지방법원순천지원 2016.04.07 2015가단18323
자동차소유권이전등록
Text

1. The part of the lawsuit in this case concerning the claim for confirmation of payment of administrative fines, automobile tax, etc. shall be dismissed.

2. The defendant.

Reasons

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

2. Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by a deemed as a foreigner);

3. On February 26, 2003, the Plaintiff asserted that “the Defendant did not pay the fine for negligence and automobile tax, etc. incurred while operating the instant vehicle after acquiring it from the Plaintiff on February 26, 2003.” As to the instant vehicle, the Plaintiff is liable to pay the fine for negligence and automobile tax, etc. imposed on the Plaintiff after the acquisition date of the instant vehicle, and sought confirmation thereon.”

With respect to the legitimacy of the above part of the lawsuit in this case, the benefit of confirmation in the lawsuit for confirmation is acknowledged in cases where there is a dispute between the parties regarding the legal relationship subject to the lawsuit for confirmation, and thereby, it is recognized that the judgment of confirmation is the most effective and appropriate means to eliminate the risk of uncertainty when the legal status of the plaintiff is unstable. Even though the plaintiff may bring a lawsuit for performance, permitting the claim for confirmation of existence of the claim for performance itself is not permissible as it has no effectiveness in

In this case, even if the Plaintiff received a confirmation judgment against the Defendant, as alleged by the Plaintiff, the obligation to pay the administrative fine, automobile tax, etc. imposed on the Plaintiff by the said judgment is not transferred from the Plaintiff to the Defendant (i.e., the said confirmation judgment on internal monetary burden between the Plaintiff and the Defendant does not extinguish the Plaintiff’s obligation to pay the said administrative fine or automobile tax, etc. against the administrative agency or the tax authority). The said confirmation judgment cannot be the most effective and appropriate means to remove the Plaintiff’s legal status unstable risks, and if there is a dispute as to whether the Plaintiff and the Defendant would bear the

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