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(영문) 청주지방법원충주지원 2015.06.10 2015가단338
자동차소유권이전등록절차인수 등
Text

1. The part concerning the claim for the confirmation of liability for payment, such as fines for negligence and automobile tax, shall be dismissed.

2. The defendant.

Reasons

1. Determination on the part of the claim for confirmation

A. On May 31, 2012, the defendant did not pay the administrative fine, automobile tax, etc. incurred while acquiring and operating a motor vehicle listed in the separate sheet from the plaintiff on the part of May 31, 2012. Thus, the defendant seeks to confirm that the plaintiff is liable to pay the administrative fine, automobile tax, etc.

B. In a lawsuit for confirmation of the legitimacy of this part of the lawsuit, the benefit of confirmation is recognized as the most effective and appropriate means to obtain a judgment of confirmation in order to eliminate the legal status of the plaintiff due to dispute between the parties as to the legal relationship subject to the lawsuit.

However, the obligation to pay fines for negligence, automobile tax, etc. imposed on the Plaintiff by the confirmation judgment sought by the Plaintiff is not transferred from the Plaintiff to the Defendant, and the obligation to pay fines for negligence, automobile tax, etc. against the tax authority or administrative agency

Therefore, the part of the claim for confirmation of the obligation to pay fines, automobile taxes, etc. in the lawsuit of this case is unlawful, since it cannot be the most appropriate means to eliminate the legal status of the plaintiff, and there is no benefit of confirmation.

2. Determination on the claim for taking over the procedure for the registration of automobile ownership transfer

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

(b) Applicable provisions of Acts: Judgment without pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. In conclusion, the part concerning the claim for confirmation of the obligation to pay administrative fines and automobile tax among the instant lawsuit is dismissed, and the part concerning the claim for the transfer of ownership registration procedure shall be cited and so decided as per Disposition.

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