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(영문) 인천지방법원 2015.01.21 2014나16661
자동차소유권이전등록절차이행
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuits, taxes, public charges, and fines for negligence are liable for payment.

Reasons

1. The plaintiff sought confirmation on the part of the claim for confirmation of the liability for the payment of taxes, public imposts, and fines for negligence. Since November 17, 2007, the defendant sought confirmation that the defendant is liable for the payment of taxes, public charges, and fines for negligence arising on the automobile of this case. Thus, we examine the legitimacy of this part ex officio.

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 as the most effective and appropriate means to judge the plaintiff as the confirmation judgment in removing the plaintiff's legal status's apprehension and 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 for the same reason as the plaintiff alleged, 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 State or local government with the competent administrative agency imposing the public charge or the administrative fine, and the plaintiff's obligation to pay the public charge, etc. registered as the owner in the register of automobiles cannot be extinguished, and therefore, the part of the lawsuit in this case cannot be the most effective and appropriate means to eliminate the plaintiff's legal status apprehension, danger, and the most effective and appropriate means.

2. Determination on claims for the transfer of ownership registration procedures

A. The fact that the registration of transfer of ownership was completed on April 12, 2005 with respect to the instant automobile under the Plaintiff’s name, and the Plaintiff requested the Plaintiff to sell the instant automobile to C around May 2007. On November 17, 2007, the Defendant purchased the instant automobile at KRW 3 million from a used vehicle seller in the trade name in the Daegu-gu office.

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