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(영문) 울산지방법원 2016.03.31 2015나4672
자동차소유권이전등록 절차이행
Text

1. Part of a request for confirmation of the liability for payment of taxes, public charges, and fines which are changed in exchange at the trial shall be dismissed;

2...

Reasons

1. The Plaintiff’s determination on the legitimacy of the lawsuit seeking confirmation of the tax and public charges, and the liability for the payment of administrative fines, is sought to confirm that the Plaintiff did not have the obligation to pay taxes, public charges, and administrative fines imposed in the name of the Plaintiff on the motor vehicle register after the termination of the title trust agreement, since the Plaintiff completed the ownership transfer registration under the name of the Plaintiff according to the title trust agreement with the Defendant with respect to the motor vehicle listed in

ex officio, the benefit of confirmation in litigation for confirmation is the case where there is a dispute between the parties about the legal relationship subject to it, and due to which the judgment of confirmation is recognized as the most effective and appropriate means when the plaintiff's legal status is threatened with unstable danger.

However, there are separate procedures for objection against the competent administrative agency with respect to the imposition of taxes, public charges, and administrative fines, and even if this court approves the Plaintiff’s claim for confirmation that the Plaintiff and the Defendant did not have the obligation to pay the above taxes, public charges, and administrative fines, the validity of the said judgment does not naturally affect the State or local government, but does not extinguish the Plaintiff’s obligation to pay the public charges. Therefore, the said judgment cannot be the most effective means to remove the Plaintiff’

Therefore, among the lawsuit of this case, the part of the claim for confirmation of the liability to pay taxes, public charges and fines is unlawful.

2. The Defendant requested the Plaintiff to hold title trust with respect to the instant automobile, and accordingly, the ownership transfer registration under the Plaintiff’s name was completed on September 16, 2013. The Plaintiff sent a duplicate of the statement of grounds of appeal in this case to the Defendant.

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