beta
Text
1. Of the instant lawsuits, the part of the claim for confirmation of tax and public charges shall be dismissed.
2. The defendant shall attach a separate sheet from the plaintiff.
Reasons
Of the instant lawsuits, the Plaintiff sought confirmation that the Defendant is liable to pay taxes and public charges or fines imposed on the Plaintiff on the instant motor vehicle, as the Defendant actually operated the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”). As such, the Plaintiff’s claim for confirmation of the legal nature of the instant lawsuit is justifiable, the Plaintiff’s ex officio considered the lawfulness of the instant
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, if there is apprehension of the Plaintiff’s rights or legal status, it is recognized that receiving a judgment of confirmation is the most effective and appropriate means to eliminate the risk of anxiety (see, e.g., Supreme Court Decisions 2014Da218511, Dec. 11, 2014; 2009Da9329, Feb. 25, 2010). Since separate procedures are provided for a separate procedure of objection against health care, an administrative fine, or automobile tax return to the instant case, the Plaintiff must dispute the legality of the disposition of imposition, such as an administrative fine, etc. in the appeal procedure. Even if the Plaintiff received a judgment of confirmation, the said judgment is only effective between the Plaintiff and the Defendant, but does not affect the administrative agency imposing the
Therefore, it is difficult to view the claim for confirmation of this case as the most effective and appropriate means to eliminate the present danger in the Plaintiff’s rights or legal status.
Therefore, this part of the lawsuit is unlawful.
A judgment on the claim for the acquisition of transfer registration procedure is made by the Defendant, around July 2014, to enter into a title trust agreement with the Plaintiff to acquire and operate a motor vehicle listed in the attached Table (hereinafter “instant motor vehicle”) under the name of the Plaintiff, and to acquire the instant motor vehicle in the name of the Plaintiff on April 27, 2014.