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(영문) 서울중앙지방법원 2015.08.12 2014가단156628
자동차소유권이전등록
Text

1. The defendant is based on the transfer contract on November 30, 2006 with respect to the motor vehicles listed in the annexed Form 1 from the plaintiff.

Reasons

1. In full view of the purport of the entire pleadings, the Plaintiff’s assignment of a vehicle to the Defendant on November 30, 2006, based on the part of the claim for acquisition of ownership transfer registration procedure Gap-1 through 4, can be acknowledged.

Since the defendant is obligated to take over the transfer registration procedure from the plaintiff upon the above transfer, the plaintiff's claim for this part is justified.

2. The Plaintiff, while transferring a motor vehicle to the Defendant, did not register the transfer of ownership and did not pay the taxes and public charges as shown in the attached Table 2, while occupying and operating the motor vehicle in the Plaintiff’s name until now. Therefore, the Plaintiff seeks confirmation that the Defendant is liable to pay the taxes and public charges imposed on the Plaintiff in relation to the instant motor vehicle.

Even if the Plaintiff received the aforementioned confirmation judgment against the Defendant, the obligation of the administrative agency to pay taxes and public charges imposed on the Plaintiff by such judgment is not transferred to the Defendant from the Plaintiff.

(Res judicata of the above judgment is effective only between the Plaintiff and the Defendant, and does not extend to the State or local governments. Therefore, the Plaintiff’s liability for tax, public, and administrative fines to the administrative agency imposing the tax authority or the fine for negligence is not extinguished). Therefore, the above confirmation judgment cannot be the most effective and appropriate means to remove the Plaintiff’s legal status unstable risks, and thus, this part of the claim does not

3. Conclusion, the part of the Plaintiff’s claim for acquisition of the transfer of ownership against the instant automobile is accepted, and the remainder of the claim is dismissed as it is unlawful as there is no benefit of lawsuit.

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