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(영문) 수원지방법원안양지원 2016.11.17 2016가단13671
자동차소유권이전등록절차인수
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. As to the lawfulness of the part concerning the claim for confirmation in the instant lawsuit, the Plaintiff sought confirmation to the Defendant that from August 7, 2013, an automobile recorded in the attached list (hereinafter “instant automobile”) was paid in kind to the Defendant, an administrative fine imposed in the name of the Plaintiff in relation to the operation of the instant automobile, and an obligation for payment of automobile tax imposed in relation to the operation of the instant automobile, and ex officio, we

In a lawsuit for confirmation, there is a dispute between the parties as to the legal relationship which is the object of confirmation, and thereby, it is recognized that the judgment of this case against the defendant is the most effective and appropriate means to eliminate the plaintiff's legal status's unstable danger (see, e.g., Supreme Court Decisions 93Da40089, Nov. 22, 1994; 2003Da55059, Dec. 22, 2005). Even if the plaintiff is rendered a confirmation judgment against the defendant, the judgment's res judicata effect does not extend only between the plaintiff and the defendant, and thus, it cannot be asserted against the competent administrative agency imposing an administrative fine or automobile tax, and therefore, it cannot be the most effective means to eliminate the plaintiff's legal status unstable danger.

Therefore, the part of the lawsuit of this case seeking confirmation to the defendant that the defendant is liable to pay administrative fines and automobile tax on the motor vehicle of this case is unlawful as there is no benefit of confirmation.

2. Judgment on the claim to accept the transfer registration procedure

(a) Indication of claims: To describe the part of claims for the acquisition of transfer of ownership among the grounds for claims in attached Form;

(b) Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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