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(영문) 의정부지방법원 2015.10.13 2015가단9653
자동차소유권이전등록절차인수
Text

1. The part of the plaintiff (Counterclaim defendant)'s claim for confirmation of obligation to pay the principal lawsuit shall be dismissed.

2. The remainder of the plaintiff (Counterclaim defendant).

Reasons

1. We examine ex officio the determination on the legitimacy of the lawsuit for confirmation of the obligation to pay in the principal lawsuit, and the benefit of confirmation in the lawsuit for confirmation is recognized as the case where there is a dispute between the parties as to the legal relationship subject to it, and thereby, the judgment of confirmation is the most effective and appropriate means when the plaintiff's legal status is dangerous.

Plaintiff

Even if a judgment on the purport that the defendant is liable for the payment of administrative fines, etc. imposed on the defendant in the name of the defendant, the obligation to pay the administrative fines is not transferred from the plaintiff to the defendant, and the above judgment does not have the effect of the above judgment as a matter of course to an administrative agency, not a party (According to the evidence No. 3, the disposition of administrative fines does not become null and void or cancelled as a matter of course by a judgment in civil procedure, not by itself, but by a judgment in civil procedure, and only the facts for which the administrative agency can cancel ex officio, taking into account the various circumstances in the judgment or civil procedure, are recognized). The

Therefore, the part of the Plaintiff’s principal claim is unlawful as there is no benefit of confirmation.

2. Determination as to the remaining claims

A. The plaintiff's assertion that the plaintiff transferred the above automobile to a third party, along with all documents necessary for the transfer of the above automobile, while requesting the sale of the automobile in this case through a third party. Since the defendant received the final acquisition of the above automobile and uses it, the defendant is obligated to take over the transfer registration procedure for the automobile in this case

(b) A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor, and where the transferee of the motor vehicle fails to file an application for the registration of transfer;

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