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(영문) 부산지방법원 2015.08.13 2015가단30707
자동차소유권이전등록 등
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The defendant shall set forth in the attached list from the plaintiff.

Reasons

1. ex officio determination of ex officio, it is recognized that the benefit of confirmation in a lawsuit for confirmation is the most effective and appropriate means for the parties to the lawsuit for confirmation to eliminate the Plaintiff’s legal status’s anxiety and risk arising from dispute on the legal relationship in question.

However, even if the Plaintiff received a confirmation judgment against the Defendant as stated in the purport of the claim, the res judicata effect of the judgment does not affect only the Plaintiff and the Defendant, and it does not affect the State or the local government, and thus, it cannot be set up against the administrative agency imposing

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

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: Article 208 (3) 1 of the Civil Procedure Act;

3. According to the conclusion, the part of the claim for confirmation of the obligation to pay the fine for negligence among the instant lawsuit is unlawful, and thus, it is dismissed, and the part of the claim for the acquisition of the ownership transfer registration procedure is justified.

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