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(영문) 수원지방법원안산지원 2020.09.23 2020가단1318
자동차소유권 이전등록 절차이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s statement of the grounds of claim and the change in the grounds of claim

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A. In a lawsuit seeking 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 accordingly, it is recognized that the judgment of confirmation is the most effective and appropriate means to eliminate unstable risks when the Plaintiff’s right or legal status is unstable (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014).

The Plaintiff seeks to confirm that the Plaintiff is liable to pay taxes, public charges, and administrative fines imposed by an administrative agency on the Plaintiff regarding motor vehicles listed in the separate sheet. However, inasmuch as res judicata of the judgment does not extend to the administrative agency, the Plaintiff’s obligation to pay taxes, public charges, and administrative fines is extinguished or is not transferred to the Defendant in relation to the administrative agency, and thus, it is difficult to view the claim for confirmation as the most effective and appropriate means to remove the

Therefore, the instant lawsuit has no interest in confirmation.

3. Conclusion, the instant lawsuit is unlawful and dismissed.

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