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(영문) 서울북부지방법원 2015.05.28 2014가단51180
공과금 및 과태료 납부의무확인
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 6,548,950 and its related costs.

Reasons

1. Judgment on the main claim

A. The plaintiff asserted that the plaintiff transferred the motor vehicle of this case to the defendant on February 1, 2002 and delivered documents necessary for the transfer of the motor vehicle of this case, and that the plaintiff is liable to pay taxes, public charges and administrative fines imposed after February 1, 2002 to the defendant who is currently operating the motor vehicle of this case.

B. We examine ex officio the legitimacy of this part of the lawsuit.

In the lawsuit of confirmation, the benefit of confirmation is one of the most effective and appropriate means when there is a dispute between the parties as to the legal relationship subject to confirmation, and the plaintiff's legal status is unstable and dangerous.

However, even if the Plaintiff’s claim against the Defendant was rendered for the foregoing reasons, the obligation to pay taxes, public charges, and administrative fines imposed on the Plaintiff by the judgment is not transferred from the Plaintiff to the Defendant (the Plaintiff’s liability to pay taxes, public charges, and administrative fines imposed on the tax authority or the administrative agency imposing the tax authority solely on the foregoing judgment is not extinguished), and the said judgment cannot be the most effective and appropriate means to remove the Plaintiff’s legal status unstable

Therefore, the part on the claim for confirmation of the obligation to pay taxes, public charges, and fines among the instant lawsuit is unlawful as there is no benefit of confirmation.

2. Determination on the conjunctive claim

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

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

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