logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2019.06.26 2019가단944
자동차명의변경절차 이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff filed a lawsuit against the Defendant seeking acquisition of transfer of ownership registration procedures for the motor vehicles listed in the separate sheet (hereinafter “instant prior suit”) with the head of Suwon District Court Ansan Branch 2015dan5910.

On June 30, 2015, the above court sentenced that "the defendant shall take over the procedure for ownership transfer registration due to the termination of the title trust as of June 8, 2015 from the plaintiff on the motor vehicles listed in the separate sheet". The above judgment became final and conclusive on August 18, 2015.

[Grounds for recognition] Gap 1, 2, and the purport of the whole argument

2. Determination

A. Since a judgment in favor of the party against whom a final and conclusive judgment has become final and conclusive has res judicata effect, where a party who has received a final and conclusive judgment files a lawsuit against the other party of the previous suit identical to that of the previous suit, the subsequent suit is unlawful

The part of the Plaintiff’s claim for performance in the instant lawsuit constitutes a case where the Plaintiff, who had already been rendered a favorable judgment, files a lawsuit identical to that of the previous lawsuit against the Defendant, the other party to the previous lawsuit, and thus, is unlawful.

B. In a lawsuit seeking confirmation of the part of the claim for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in cases where the parties dispute over the legal relationship subject to the claim and thereby, the benefit of confirmation is the most effective and appropriate means to eliminate unstable risks when the Plaintiff’s right or legal status is unstable (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). The Plaintiff seeks confirmation that the Plaintiff has the obligation to pay taxes and public charges imposed by the administrative agency on the Plaintiff on the motor vehicle listed in the separate sheet. However, insofar as res judicata effect of the judgment does not extend to the administrative agency other than the party to the instant case, the Plaintiff’s obligation to pay

arrow