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. Determination as to the legitimacy of the part of the claim for confirmation
1. Around 18.18., in a case where the Defendant borrowed money from the Defendant as collateral and fails to repay the borrowed money, the Defendant agreed to pay in kind the instant vehicle, and accordingly, the Defendant transferred the instant vehicle to the Defendant on the same day, and the right to control and manage the instant vehicle operation was exceeded the Defendant. After which the Defendant did not transfer the ownership of the instant vehicle, the Defendant did not pay the administrative fine, automobile tax, etc. imposed on the instant vehicle without receiving the transfer of the ownership of the instant vehicle.
It asserts that the defendant is liable for the payment and seeks confirmation that he is the defendant.
ex officio, the benefit of confirmation in a lawsuit for confirmation is a dispute between the parties regarding the legal relationship subject to it. Accordingly, it is recognized that the judgment of confirmation is the most effective and appropriate means in removing the legal status of the plaintiff when the legal status of the plaintiff is unstable and dangerous. In addition, there are separate appeals procedures against the competent administrative agency regarding taxes, public charges, and fines for negligence. Even if the court accepted the plaintiff's claim for confirmation, it cannot be deemed that the obligation to pay taxes, public charges, and fines imposed on the plaintiff by the judgment is transferred from the plaintiff to the defendant or that the plaintiff's liability for payment is extinguished. Thus, it is difficult to view the part of the lawsuit in this case as the effective and appropriate means to eliminate the plaintiff's
Therefore, among the lawsuits in this case, the part of the claim for confirmation is dismissed.
2. Determination on the claim for the acquisition of the procedure for the ownership transfer registration
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);