(영문) 서울동부지방법원 2014.10.30 2013가단64244

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(영문) 서울동부지방법원 2014.10.30 2013가단64244

자동차소유권이전등록절차이행

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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. Facts of recognition;

A. On September 21, 2001, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”) upon the request of the branch of the Plaintiff on September 21, 2001, and on September 2001, the said branch borrowed money to the credit service provider, offering the instant automobiles as security, and delivering the instant automobiles to the credit service provider, “if the borrowed money is not repaid by the last day of October 2001, it would be possible to dispose of the vehicle,” such as a written statement in the Plaintiff’s name, a certificate of personal seal impression, etc., and thereafter, the said borrowed money was not repaid.

B. On October 2003, the Defendant purchased and operated the automobile insurance of LIG damage insurance company with respect to the instant automobile from October 13, 2003 to April 30, 2004 after receiving the delivery of the instant automobile from Nonparty C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff seeks to confirm that the Defendant acquired the instant motor vehicle, but did not pay taxes, public charges, and administrative fines imposed on the instant motor vehicle, thereby causing damage to the Plaintiff. As such, the Plaintiff is liable to pay the said taxes, public charges, and administrative fines to the Defendant.

ex officio, the benefit of confirmation in a lawsuit for confirmation is a dispute between the parties regarding the legal relationship subject to it. Accordingly, it is recognized that the judgment of confirmation is the most effective and appropriate means when the plaintiff's legal status is unstable and dangerous. In addition, there is a separate objection procedure against the competent administrative agency as to the imposition of taxes, public charges, and administrative fines, and even if the court accepted the plaintiff's request for confirmation, there are taxes, public charges, and administrative fines imposed on the plaintiff by the judgment.

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