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(영문) 청주지방법원 2014.11.19 2014가합2430
자동차과태료 등 납부의무자 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Plaintiff’s assertion

On March 31, 2002, the Plaintiff transferred the instant vehicle to the Defendant as indicated in the separate sheet (hereinafter “instant vehicle”) and delivered all necessary documents for the transfer of the registered name of the instant vehicle. After the Plaintiff acquired the instant vehicle, the Plaintiff operated the instant vehicle without any transfer of the registered name, and did not pay the fine for negligence, automobile tax, and environmental improvement charges.

Therefore, this paper seeks to confirm that the Plaintiff is liable to pay administrative fines, automobile taxes, and environmental improvement charges imposed on the Plaintiff in relation to 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 the instant case, even if the Plaintiff received a confirmation judgment against the Defendant on the grounds 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 (the res judicata of this lawsuit is effective only between the Plaintiff and the Defendant, and the State and the local government do not affect the State or the local government. Therefore, the instant judgment alone does not extinguish the Plaintiff’s obligation to pay taxes, public charges, and administrative fines, etc. against the administrative agency imposing the tax authority or the administrative fine, etc. on which the instant

Therefore, the instant lawsuit has no interest in confirmation.

In conclusion, the instant lawsuit is unlawful and thus dismissed.

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