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(영문) 대구지방법원김천지원 2015.12.09 2015가단4876
자동차소유권이전등록절차인수 등
Text

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

2. The defendant shall set forth in the attached list from the plaintiff.

Reasons

1. ex officio of the determination on the part of the claim for confirmation as to the legitimacy of the part of the claim for confirmation in the lawsuit for confirmation is acknowledged as being the most effective and appropriate means to obtain the judgment of confirmation in order to eliminate the Plaintiff’s legal status risks arising from dispute between the parties as to the legal relationship subject to confirmation.

However, even if the Plaintiff received a confirmation judgment against the Defendant as stated in the purport of the claim, the res judicata of the judgment does not affect the State or local government, and thus, it cannot be set up against the competent administrative agency that imposed the fine for negligence, etc. by the judgment, and the Plaintiff’s obligation to pay the fine for negligence, etc., registered as the owner in

Therefore, the part of the claim for confirmation of the obligation to pay administrative fines, etc. in the lawsuit of this case is unlawful as there is no benefit of confirmation since it cannot be the most effective and appropriate means to eliminate the Plaintiff’s legal status

Therefore, the part concerning the claim for confirmation among the lawsuits in this case is dismissed.

2. Determination on the claim for taking over the procedure for the registration of automobile ownership transfer

A. On August 2008, the Plaintiff: (a) requested the Nonparty to sell and purchase the instant vehicle listed in the separate sheet (hereinafter “instant vehicle”); (b) transferred the instant vehicle along with all documents necessary for the ownership transfer registration; and (c) the Defendant purchased the instant vehicle through the Nonparty.

Therefore, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment based on the recommendation of confession;

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