1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 1, 2010 upon Nonparty C’s request, the Plaintiff completed the ownership transfer registration under the name of the Plaintiff with respect to the automobiles listed in the separate sheet to be used by Nonparty C (hereinafter “instant automobiles”).

B. C dies after the death, and the defendant is the beneficiary and heir of C.

C. On July 31, 2015, the Plaintiff filed a lawsuit against the Defendant seeking to take over the transfer of ownership registration procedure based on the termination of the title trust agreement (hereinafter “related lawsuit”) with the Seoul East Eastern District Court Decision 2015Da30863, and received a judgment from the said court that “the Defendant will take over the transfer of ownership registration procedure based on the termination of the title trust agreement with respect to the instant automobile from the Plaintiff on July 31, 2015,” and the said judgment became final and conclusive around that time.

【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. The plaintiff's assertion is the actual owner of the instant vehicle, who is a person who has purchased and effectively controlled the instant vehicle for business while operating Kwikset Service Company.

Therefore, the defendant is obligated to take over the transfer registration procedure for the transfer of ownership on the ground of the restoration of authentic title from the plaintiff, and the liability to pay taxes and public charges, such as fines for negligence, incurred on the instant motor vehicle,

3. Determination

A. We examine ex officio the determination on the claim for confirmation of the instant lawsuit as to whether the part of the claim for confirmation is lawful.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment for confirmation is rendered is the most effective and appropriate means to eliminate the Plaintiff’s rights or legal status in danger and danger (see, e.g., Supreme Court Decision 2014Da208255, Mar. 15, 2017). Even if a judgment is rendered against the Defendant, as sought by the Plaintiff, its effect is limited between the Plaintiff and the Defendant.