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(영문) 전주지방법원군산지원 2016.11.18 2016가합457
자동차소유권이전등록등
Text

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

2. The Defendants are listed in the separate sheet No. 1 from the Plaintiff.

Reasons

1. As to the legitimacy of the part of the claim for confirmation, the Plaintiff sought confirmation against the Defendants that the Defendants are liable to pay taxes, public charges, and fines for negligence imposed in the name of the Plaintiff on the motor vehicles listed in the separate sheet No. 1, and ex officio, the part of the claim for confirmation in the instant lawsuit is lawful.

The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is recognized as the most effective and appropriate means to determine a judgment in order to eliminate the plaintiff's legal status's apprehension and risk (see, e.g., Supreme Court Decision 93Da40089, Nov. 22, 1994). In light of the above legal principles, there is a separate procedure for objection against the competent administrative agency regarding the disposition of imposition of health expenses and various fines for negligence, etc., and even if the plaintiff is rendered a judgment against the defendants for the same reason as alleged by the plaintiff, the res judicata effect of the judgment is limited between the plaintiff and the defendants, and the state or local government is not limited to the State or local government, so it cannot be asserted by the competent administrative agency imposing the fine for negligence, etc., and the plaintiff's obligation to pay the fine for negligence, etc., registered as the owner in the register of automobiles is not extinguished, and thus,

Therefore, the part concerning the claim for confirmation in the lawsuit of this case is unlawful as there is no benefit of confirmation.

2. Determination as to the remaining claims

(a) Attached Form for indicating claims;

3. The description of the cause of the claim shall be the same as that;

(b) Articles 208(3)1 and 257 of the Civil Procedure Act of the judgment without holding any pleadings

3. If so, the part of the claim for confirmation in the lawsuit in this case is unlawful and dismissed, and the remainder is accepted for reasons.

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