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(영문) 대구지방법원김천지원 2016.10.26 2016가단4880
자동차소유권이전등록절차인수 등
Text

1. The part concerning the claim for confirmation of payment of automobile tax and various administrative fines among the lawsuits in this case shall be dismissed.

2...

Reasons

1. Regarding claims to confirm liability for payment, including automobile tax and various administrative fines

A. On January 7, 2015, the Plaintiff asserted that the Defendant had agreed with the Plaintiff, but failed to perform the registration of transfer of ownership under the name of the Defendant on the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) on January 7, 2015, thereby imposing an administrative fine and automobile tax, etc. on the Plaintiff, who is the title holder of the registration, and thus, the obligation for payment thereof

B. In a lawsuit for confirmation of ex officio, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject thereto, and thereby, the obtaining of a judgment of confirmation is the most effective and appropriate means to eliminate the anxiety or risk when there is apprehension or risk in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). However, as separate procedures for objection are provided with respect to fines for negligence or automobile tax, the Plaintiff must dispute the legality of the disposition of imposition, such as fines for negligence on the ground of the circumstances alleged in the appeal procedure. Even if the Plaintiff receives a judgment of confirmation, the effect of the judgment is only between the Plaintiff and the Defendant, but it does not extend to the administrative agency imposing fines for negligence, etc., and thus, it is difficult to deem the same as the most effective and appropriate means to eliminate the Plaintiff’s rights

Therefore, the part concerning the claim for confirmation among the lawsuits of this case is unlawful as there is no benefit of confirmation.

2. As to the claim to accept the transfer registration procedure

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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