logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.01.20 2014가단54704
자동차소유권이전등록
Text

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

2. The defendant shall state the attached vehicle indication from the plaintiff.

Reasons

1. The plaintiff asserts that the part of the lawsuit in this case relating to the claim for confirmation is legitimate, since the defendant operated the above automobile without taking over the procedure for registration of transfer of ownership of the motor vehicle indicated in the attached Form, which was registered as owned by the plaintiff, and the damage on which an administrative fine and automobile tax are imposed on the plaintiff, it is necessary to seek confirmation that the above administrative fine and

In a lawsuit for confirmation ex officio, there shall be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation shall be recognized only where the defendant is the most effective means to receive a judgment of confirmation against the defendant in order to eliminate anxiety, danger, and danger in the plaintiff's rights or legal status. The imposition of fines for negligence and automobile tax against the plaintiff in this case, which is not the defendant, cannot be deemed the most effective means to remove the plaintiff's rights or legal status in the pertinent case. Thus, this part of the lawsuit in this case does not have a benefit of confirmation.

2. Determination as to the application for ownership transfer registration

A. The plaintiff, around July 26, 2002, borrowed KRW 20 million from the defendant, provided the defendant with the vehicle indicated in the attached Form as a substitute payment, provided all documents necessary for the registration of transfer of ownership, and failed to pay the above money. Thus, the defendant is obligated to take over the transfer of ownership due to the above loan repayment procedure from the plaintiff.

B. The judgment that deemed that the defendant did not appear on the date for pleading and did not clearly dispute the facts alleged by the plaintiff, thereby making a confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act).

arrow