logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2016.01.28 2015가단8920
자동차소유권이전등록 등
Text

1. The part concerning the claim for the confirmation of liability to pay taxes and public charges, such as fines for negligence and automobile tax, shall be dismissed;

2...

Reasons

1. Attached Form for indicating the request;

1. The description of the cause of the claim;

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. The Plaintiff in the judgment of dismissal asserts that the Defendant, who acquired the instant automobile, did not pay the fine for negligence, automobile tax, etc. while operating the instant automobile, and accordingly, the Defendant, after the transfer date of the instant automobile, is liable to pay the fine for negligence, automobile tax, etc. imposed in the future

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

The benefit of confirmation in a lawsuit for confirmation is recognized only when there is a dispute between the parties as to the legal relationship, and therefore, it is most effective and appropriate to obtain a judgment of confirmation in order to eliminate the plaintiff's legal status's unstable, dangerous, and danger.

However, even if the plaintiff is confirmed against the defendant as alleged in this case, since the obligation to pay the administrative fine, automobile tax, etc. imposed in the plaintiff's future is not transferred from the plaintiff to the defendant (the above judgment does not terminate the plaintiff's obligation to pay the administrative fine, automobile tax, etc. against the tax authority or the administrative agency which imposed the administrative fine). The above confirmation judgment cannot be the most effective and appropriate means to remove the plaintiff

Therefore, the claim for confirmation of liability to pay taxes and public charges, such as administrative fines and automobile taxes, among the lawsuit in this case, is unlawful as there is no benefit

arrow