(영문) 서울남부지방법원 2015.09.23 2015가단17948

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.09.23 2015가단17948

자동차소유권이전등록절차이행등

Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The defendant shall enter the annexed list No. 1 from the plaintiff.

Reasons

1. ex officio of the determination on the part of the claim for confirmation as to the legitimacy of the part of the claim for confirmation in the lawsuit for confirmation is acknowledged as being the most effective and appropriate means to obtain the judgment of confirmation in order to eliminate the Plaintiff’s legal status risks arising from dispute between the parties as to the legal relationship subject to confirmation.

However, even if the Plaintiff received a confirmation judgment as stated in the purport of the claim against the Defendant, the res judicata effect of the judgment does not extend only between the Plaintiff and the Defendant, and thus, it cannot be set up against the competent administrative agency that imposed the fine for negligence, etc., and the Plaintiff’s obligation to pay the fine for negligence, environmental improvement charges, etc., registered as the owner on the

Therefore, among the instant lawsuits, the part of the claim for confirmation of the obligation to pay fines for negligence related to the seizure of the attached list No. 2 is unlawful, since it cannot be the most appropriate means to eliminate the Plaintiff’s legal status unstable, and there is no benefit

2. Determination on the claim for taking over the procedure for the registration of automobile ownership transfer

(a)the description in the corresponding part of the claim for the indication of the claim;

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

3. According to the conclusion, the part of the instant lawsuit concerning the claim for confirmation of the obligation to pay the administrative fines, etc. related to attachment listed in the Attachment List No. 2 is dismissed, and the part concerning the claim for acquisition of the registration procedure for transfer of ownership of a motor vehicle is with merit, and it

참조조문

-민사소송법 제208조 제3항 제1호

유사 판례

-서울남부지방법원 2015.08.19 2015가단16464

-부산지방법원 2015.10.08 2015가단50466

-대구지방법원김천지원 2015.12.09 2015가단4876

-대구지방법원김천지원 2015.10.07 2015가단3644

-인천지방법원 2016.02.04 2015가단62622