1. The part concerning the claim for confirmation of payment of fines for negligence, automobile tax, etc. among the lawsuit in this case shall be dismissed.

2. The defendant.

1. Determination on the claim for confirmation of the payment obligation of fines for negligence and automobile tax among the instant lawsuit

A. The Plaintiff asserted that “The Defendant does not pay the administrative fine and automobile tax, etc. incurred while operating the instant motor vehicle after the acquisition of the instant motor vehicle on or around September 2003,” and that the Plaintiff is liable to pay the administrative fine and automobile tax imposed on the instant motor vehicle after the acquisition date of the said motor vehicle.” The Plaintiff sought confirmation.

B. In a lawsuit for confirmation of confirmation, there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is recognized that the legal status of the plaintiff is the most effective and appropriate means to eliminate the anxiety and danger when the plaintiff's legal status is unstable and dangerous. Even though the plaintiff can bring a lawsuit for performance, permitting the claim for confirmation of the existence of the right to claim performance itself is not allowed because it has no effectiveness to eliminate anxietys.

In light of the above legal principles, even if the plaintiff was rendered a confirmation judgment against the defendant, as alleged by the plaintiff, the obligation to pay the administrative fine and automobile tax imposed on the plaintiff to the defendant is not transferred from the plaintiff (i.e., the above confirmation judgment on internal monetary burden between the plaintiff and the defendant does not extinguish the plaintiff's obligation to pay the administrative fine or automobile tax against the administrative agency or the tax authority). The above confirmation judgment cannot be the most effective and appropriate means to remove the plaintiff's legal status's apprehension and danger.

If there is a dispute between the Plaintiff and the Defendant as to who is to bear the expenses related to the ownership and operation of the instant vehicle, the Plaintiff may bring an action claiming the Defendant for reimbursement equivalent to the said expenses by proving the expenses actually incurred.

Therefore, fines for negligence in the lawsuit of this case are imposed.