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(영문) 서울남부지방법원 2016.01.19 2015가단39986
자동차소유권이전등록절차이행 등
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The plaintiff asserts that the part concerning the claim for confirmation in the lawsuit in this case is legitimate, since the defendant operated the motor vehicle without taking over the procedure for the transfer registration of ownership of the motor vehicle indicated in the annexed sheet (hereinafter referred to as the "motor vehicle in this case") registered as owned by the plaintiff without acquiring it from the plaintiff, and the damage on which the tax and the public charge (including the fine for negligence) on the motor vehicle in this case is imposed on the plaintiff, it is necessary to confirm

In a lawsuit for confirmation ex officio, there shall be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation shall be recognized only where the defendant is the most effective means to receive a judgment of confirmation against the defendant in order to eliminate the plaintiff's rights or legal status in danger of apprehension, apprehension and danger. The effect of the judgment is effective only to the parties, and it does not impose taxes and public charges on the plaintiff, even if it is not the defendant, the court shall make a decision

In light of the fact that the pertinent authority does not have any effect on the pertinent authority, and that the Plaintiff is required to undergo a separate appeal procedure or file a separate lawsuit against the pertinent authority which imposed the said tax and public charges, etc., it cannot be deemed the most effective and appropriate means to obtain a judgment on confirmation against the Defendant in removing the Plaintiff’s rights or legal status in terms of the Plaintiff’s existing unstable and risk. Therefore, the claim for this part of the instant lawsuit does not have any benefit

2. Determination on the claim for the acquisition of transfer registration procedure

A. 1) The Plaintiff reported the marriage with Nonparty C, and C cannot register the ownership of the instant motor vehicle due to personal circumstances, and the Plaintiff registered the ownership of the instant motor vehicle on February 25, 201. (2) The Plaintiff is the Plaintiff.

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