(영문) 의정부지방법원 2015.09.17 2014가합9202

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(영문) 의정부지방법원 2015.09.17 2014가합9202

공과금, 과태료 납부의무확인 및 이행

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1. The main part of the lawsuit in this case shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 4,466,450 and its related costs.

Reasons

1. Facts of recognition;

A. In around 2007, the Plaintiff borrowed KRW 4,000,000 from a lending business entity with no name.

At the time of the above loan, the Plaintiff offered the said borrower a motor vehicle listed in the attached Table 1 (hereinafter “the instant motor vehicle”) as security. If the Plaintiff fails to pay the borrowed money by June 30, 2007, it was a condition that the said borrower may dispose of the instant motor vehicle at will.

Around that time, the Plaintiff delivered documents necessary for the registration of transfer of ownership to the said borrower, and delivered the instant vehicle.

B. As the Plaintiff failed to repay the loan, the Defendant acquired the instant automobile on July 1, 2007 and operated the instant automobile from that time, but failed to comply with the procedure for the registration of transfer of ownership.

Accordingly, on May 27, 2014, the Plaintiff filed a lawsuit against the Defendant for the implementation of the procedure for the registration of the transfer of ownership of a motor vehicle and filed a lawsuit against the Defendant on September 26, 2014, “The Defendant acquired the procedure for the transfer of ownership from the Plaintiff on July 1, 2007 (Seoul Eastern District Court 2014da25727) and the judgment on October 14, 2014 became final and conclusive as it is.

C. The Plaintiff was imposed an administrative fine of KRW 40,00 on April 4, 2008 due to a violation of parking and stopping, etc., and was imposed an administrative fine of KRW 4,466,450 in total, as shown in the attached Table 2, from around that time to June 2014.

[Reasons for Recognition] Unsatisfy, Gap 2 and 5 evidence, the purport of the whole pleadings

2. Judgment as to the main claim

A. Although the Defendant, on July 1, 2007, acquired the instant automobile from the Plaintiff, he did not transfer its ownership and operated the instant automobile and did not pay various public charges, such as administrative fines and automobile taxes.

Therefore, from July 1, 2007, the defendant is liable to pay taxes, public charges, and administrative fines imposed in the name of the plaintiff in relation to the operation of the automobile of this case.

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