logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.09 2017가단108745
자동차소유권이전등록인수등
Text

1. Administrative fines, automobile taxes, etc. imposed by the competent administrative agency on motor vehicles listed in the separate sheet among the instant lawsuits.

Reasons

1. The plaintiff's assertion

A. At the time of the Plaintiff’s purchase of the instant automobiles, the Plaintiff entered into a title trust agreement with the said branch and transferred the name of the instant automobiles to the Plaintiff.

B. The defendant concludes an automobile insurance contract concerning the instant automobile and occupies and uses it as the actual owner.

C. Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on March 12, 2014 on the ground of termination of title trust.

In addition, it is also sought to confirm that the defendant is liable to pay taxes and public charges, such as administrative fines and automobile taxes, imposed on the motor vehicle of this case, to the defendant.

2. We examine ex officio the determination on the part of the claim for confirmation as to whether this part of the lawsuit is lawful.

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 subject to it, and thereby, it is recognized as the most effective and appropriate means to determine the Plaintiff’s legal status as the confirmation judgment to eliminate such apprehension and danger when the Plaintiff’s legal status is unstable and dangerous (see, e.g., Supreme Court Decision 93Da40089, Nov. 22, 1994). In this case, even if the Plaintiff was rendered a judgment on the grounds as alleged against the Defendant, the judgment is effective only between the Plaintiff and the Defendant, and the State or local government is not limited to the State or local government, and thus, the obligation of the Plaintiff to pay fines, public charges

Therefore, such confirmation judgment cannot be the most effective and appropriate means to eliminate the plaintiff's legal status's anxiety and risk.

Therefore, the Plaintiff’s claim on this part is unlawful.

3. Determination on the application for the registration of automobile transfer

(a) The name of the registration, while the transferee of the vehicle receives the vehicle from the transferor;

arrow