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(영문) 인천지방법원부천지원 2017.09.22 2017가단5305
자동차소유권이전등록절차인수 등
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. This part of the lawsuit is lawful ex officio on the grounds that the fine for negligence and the charge for the acceptance of the tax and public imposts are examined.

Although the Plaintiff is seeking the acquisition of the obligation to pay the fine for negligence and the tax and the public imposts imposed on the Defendant, the Plaintiff and the Defendant, aside from the existence of the obligation to settle the fine for negligence and the tax and the public imposts imposed on the Defendant. Even if the Plaintiff and the Defendant were to be liable for the payment of the fine for negligence through a lawsuit between the Plaintiff and the Defendant, such judgment’s effect does not naturally affect the taxable institution, etc. which is not a party to the lawsuit in this case. Thus, the obligation to pay the fine for negligence imposed on

Therefore, the Plaintiff’s claim is unlawful as there is no benefit of lawsuit.

2. A person who takes over an automobile registered in the part of the procedure for registration of transfer of automobile ownership shall apply for the registration of transfer of automobile ownership to the Mayor/Do governor, and in case where the transferee of an automobile intends to transfer it to a third party, he shall make the registration of transfer as prescribed in paragraph (1) under his own name before transferring it, and in case where the transferee of an automobile fails to make an application for the registration of transfer,

(1) Article 12(1), (3), and (4) of the Automobile Management Act (Article 12(1), (3), and (4) of the Automobile Management Act). In light of the aforementioned legal principles, the Plaintiff completed the ownership transfer registration for the instant automobile on January 5, 2009; the Defendant entered into a contract with the Plaintiff to purchase KRW 3,00,000 from the Plaintiff on April 10, 2010; and the Defendant started to operate the instant automobile upon delivery; the Defendant paid the Plaintiff KRW 1,50,000 on April 10, 2010; the Defendant paid the purchase price to the Plaintiff KRW 70,000 on May 12, 2010; and KRW 40,000 on September 40, 2010; and KRW 300,000 on December 3, 2010, respectively.

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