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(영문) 인천지방법원부천지원 2016.07.20 2015가단27349
자동차소유권이전등록
Text

1. Of the instant lawsuits, the part concerning the claim for the payment of fines and taxes shall be dismissed.

2. The defendant.

Reasons

1. The Plaintiff, on March 18, 2003, registered as the owner of the instant motor vehicle since the registration of ownership transfer was completed in its name with respect to the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

At around 2004, the Plaintiff borrowed KRW 3 million from C, which is specialized in the loan business, provided the instant automobiles as security, delivered all documents necessary for the registration of ownership transfer of the instant automobiles, and delivered the instant automobiles.

Meanwhile, the Defendant concluded each automobile insurance contract with Hyundai Marine Fire Insurance Co., Ltd. from November 2, 2007 to November 2, 2008, and from November 2, 2008 to November 2, 2009.

The automobile of this case is registered with seizure due to unpaid fines, such as taxes and public charges, violations of parking and stopping regulations, etc.

[Ground of recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, and 8, fact inquiry results against the head of this court's reinforcement, the purport of the whole pleadings

2. Judgment on the part concerning the claim for acquisition of tax and public charges

A. The Plaintiff’s assertion that the Plaintiff did not register transfer of ownership after the Defendant acquired the instant vehicle, and thus, the Plaintiff, a registered titleholder, was subject to the administrative authority’s imposition of administrative fines, taxes, and public charges, etc., and the Defendant’

B. However, apart from the fact that the Defendant is obliged to settle the administrative fines, etc., the obligation to pay the administrative fines, etc. imposed on the Plaintiff in relation to the administrative agency through the instant lawsuit can be transferred from the Plaintiff to the Defendant.

Since the Plaintiff’s obligation to pay is not extinguished, this part of the claim is unlawful as there is no benefit of lawsuit.

3. Article 12(1) of the Automobile Management Act to determine whether a request for acquisition of ownership registration is made shall apply to the Mayor/Do Governor.

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