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(영문) 대구지방법원포항지원 2017.05.18 2016가단9702
소유권이전등록
Text

1. Of the instant lawsuit, the part concerning the claim for payment of fines for negligence and taxes and public imposts shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. On June 24, 2008, the Plaintiff completed the transfer of ownership on the instant automobile.

B. Around 2010, the Plaintiff offered the instant automobile as security by borrowing KRW 1 million from a person who was unaware of his name. The Plaintiff delivered the said automobile to the person who was unaware of his name, including the documents for disposal of the said automobile at the time, but failed to pay the principal and interest thereafter.

C. Around January 18, 2010, the Defendant acquired the instant automobile from a person who was not the deceased’s name and changed the number of the said automobile from C to D at that time.

The Defendant operated the instant automobile until around February 2012, and was sentenced to a fine of KRW 700,000 from Suwon District Court (2012Da1326) to August 16, 2012 due to the crime that the Defendant operated the instant automobile and did not purchase mandatory insurance while driving the said automobile.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, significant facts in this court, purport of the whole pleadings

2. Determination on the legitimacy of a request to take over the payment of administrative fines and taxes and public charges

A. The Plaintiff’s assertion asserts that the Defendant did not register the transfer of ownership after the transfer of the instant vehicle, and that the Plaintiff, a registered titleholder, imposed an administrative fine, tax and public dues, etc., and thus, is obligated to take over the liability

B. We examine ex officio the legitimacy of this part of the lawsuit.

In addition to the Plaintiff and the Defendant’s obligation to settle fines for negligence, taxes and public charges, etc., the Plaintiff’s obligation to pay fines for negligence to the Defendant from the Plaintiff to the Defendant, even if the Plaintiff and the Defendant were to be liable to pay the fines for negligence through a lawsuit between the Plaintiff and the Defendant, the effect of the judgment does not naturally affect the taxation authority, etc. other than the parties to this lawsuit

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