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(영문) 부산지방법원 2015.02.12 2014가합15845
자동차과태료등납부의무자확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

On May 1, 200, the Plaintiff transferred the instant vehicle to the Defendant via an intermediary (hereinafter “instant vehicle”) and delivered all necessary documents for the transfer of the instant vehicle to the Defendant. After the Plaintiff acquired the instant vehicle, the Defendant was running the instant vehicle without transferring its registered name, and did not pay all public charges, including administrative fines and automobile taxes, while operating the instant vehicle.

Therefore, it is sought to confirm that the Defendant has the obligation to pay various public charges, such as administrative fines and automobile taxes imposed on the Plaintiff regarding the instant automobile.

In a lawsuit for confirmation, the benefit of confirmation is one of the most effective means to resolve disputes between the parties with respect to the legal relationship subject to the lawsuit for confirmation, and thereby, it is recognized that the judgment for confirmation is the most effective means when the legal status of the plaintiff is at risk of unstable danger.

In this case, even if the Plaintiff received a confirmation judgment against the Defendant on the ground as above, the obligation to pay the administrative fine imposed on the Plaintiff by such judgment is not transferred to the Defendant from the Plaintiff. Thus, the said confirmation judgment cannot be the most effective and appropriate means to remove the Plaintiff’s legal status unstable.

Therefore, the instant lawsuit has no interest in confirmation.

In conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.

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