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(영문) 수원지방법원안산지원 2015.08.28 2015가단13867
자동차소유권이전등록절차인수 등
Text

1. The part of the instant lawsuit seeking the implementation of the acquisition procedure concerning seizure registration shall be dismissed.

2. The defendant.

Reasons

1. Whether the part of the instant lawsuit seeking the implementation of the acquisition procedure for the registration of seizure among the lawsuits is legitimate, and the Plaintiff is seeking the implementation of the acquisition procedure for each of the above registrations to the Defendant on the grounds that the Defendant, while operating the instant motor vehicle under title trust and in violation of various traffic regulations, has completed each of the registration of seizure as shown in the separate sheet No. 2.

The registration of seizure is based on the disposition on default by the administrative agency. The plaintiff, who is the person liable to pay the fine for negligence, etc., can only contest the validity of the disposition on default against the administrative agency, and can not seek an alteration of the title of seizure against the defendant. Thus, this part of the lawsuit is unlawful.

2. Judgment on the claim to accept the transfer registration procedure

(a)as shown in the reasons for the attachment of the claim;

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

3. In conclusion, the part of the lawsuit in this case seeking the execution of the acquisition procedure concerning the seizure registration is dismissed as unlawful, and the plaintiff's claim for the acquisition of the transfer of ownership is justified, and it is so decided as per Disposition.

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