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(영문) 대전지방법원 2016.03.10 2015가단29456
자동차소유권이전등록절차등
Text

1. Of the instant lawsuits, the part of the claim for confirmation of liability for payment, such as taxes, public charges and administrative fines, shall be dismissed.

2. The defendant.

Reasons

The court's ex officio determination on the legitimacy of the lawsuit for confirmation of liability for payment such as taxes, public charges, and administrative fines is based on the case where there is a dispute between the parties as to the legal relationship subject to confirmation, and the plaintiff's legal status is at risk of unstable, and the judgment of confirmation is recognized as the most effective and appropriate means when the plaintiff's legal status is removed.

Even if a judgment is rendered to the Defendant that the Defendant is liable for the payment of taxes, public charges, and administrative fines imposed in the name of the Plaintiff in the register of automobile of this case, the obligation for payment is not transferred from the Plaintiff to the Defendant, and the said judgment does not naturally affect the State or local governments, and thus, the said judgment cannot be the most effective means to eliminate the legal status of the Plaintiff

Therefore, the part concerning the claim for confirmation of the obligation to pay taxes, public charges, and fines for negligence among the lawsuit of this case is unlawful.

In light of the fact that there is no dispute over recognition of the claim for the registration of transfer of ownership of a motor vehicle, the statement of Gap Nos. 1 through 3, and the purport of the whole pleadings, the plaintiff (or the plaintiff's wife C) lent the plaintiff's name at the time of the registration of the motor vehicle of this case to D (the plaintiff's name) on Jan. 30, 203, and the defendant purchased the motor vehicle of this case at the senior selling company around May 2004 and operated the motor vehicle of this case after he purchased the liability insurance for the motor vehicle of this case on May 19, 2004.

Judgment

1) The transferee of a registered motor vehicle shall file an application with the Mayor/Do governor for the registration of transfer of ownership of the motor vehicle (Article 12(1) of the Automobile Management Act), and where the transferee of the motor vehicle intends to transfer it again to a third party, he/she shall make the registration of transfer in his/her name before transferring

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