1. The part concerning the claim for confirmation of the obligation to pay an administrative fine, automobile tax, etc. among the instant lawsuits shall be dismissed.

2. The defendant.

1. Basic facts

A. The plaintiff and the defendant reached a divorce on July 16, 1998.

B. On January 4, 2002, the Defendant purchased an automobile indicated in the attached Form (hereinafter “instant automobile”) with the Plaintiff’s certificate of personal seal impression, etc.

C. The Plaintiff did not obtain the driver’s license. The Defendant, on January 31, 2002, agreed to transfer the ownership of the instant automobile to the Plaintiff, completed the transfer registration of ownership on the instant automobile in the name of the Plaintiff.

[Ground of recognition] Gap evidence Nos. 1 and 2; the Busan Regional Police Agency, Busan National Police Agency, and Busan National Police Station as a result of fact inquiry; the purport of the whole pleadings

2. Determination

A. On January 31, 2002, the Plaintiff confirmed that the Defendant was liable to pay the fine for negligence, automobile tax, etc. on the part of the instant lawsuit, since the Defendant did not pay the fine for negligence, automobile tax, etc. incurred while operating the said automobile after acquiring the instant automobile, and thus, the Defendant is liable to pay the fine for negligence, automobile tax

Ex officio, we examine whether the part concerning the claim for confirmation of the obligation to pay administrative fines, automobile tax, etc. in the lawsuit is legitimate.

The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship which is the subject matter of confirmation, and thereby, it is recognized in cases where the plaintiff's legal status is the most effective and appropriate means to eliminate the risk of uncertainty, and even though the plaintiff's claim for confirmation of the existence of the right to claim performance is possible, it is not effective to eliminate anxietys.

However, in this case, even if the Plaintiff received a confirmation judgment against the Defendant as alleged therein, the obligation to pay the fine for negligence and automobile tax imposed on the Plaintiff by the said judgment is not transferred from the original to the Defendant, that is, internal monetary burden between the Plaintiff and the Defendant.