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(영문) 울산지방법원 2017.11.21 2017가단4460
자동차소유권이전등록인수 등
Text

1. Of the instant lawsuit, the obligation to pay administrative fines, automobile taxes, etc. imposed on motor vehicles stated in the attached Form is imposed.

Reasons

1. As to the claim for confirmation of the duty to pay administrative fines, etc. among the instant lawsuit, the Plaintiff sought confirmation that the Defendant has the obligation to pay administrative fines, etc. incurred in relation to the operation of the instant motor vehicle. We examine whether this part of the lawsuit is legitimate.

In a lawsuit for confirmation, there is a dispute between the parties as to the legal relationship which is the subject matter of confirmation, and thereby, it is recognized as the most effective and appropriate means to determine the plaintiff's legal status as the confirmation judgment to eliminate such apprehension and danger when the plaintiff's legal status is unstable and dangerous (see, e.g., Supreme Court Decision 93Da40089, Nov. 22, 1994). 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 it does not affect the State or local governments. Thus, it cannot be set up against the competent administrative agency imposing the fine for negligence, etc., and it cannot be the most effective and appropriate means to eliminate the plaintiff's legal status

In the lawsuit of this case, the part concerning the claim for confirmation of the obligation to pay administrative fines is unlawful as there is no benefit of confirmation.

2. Determination on the part of the claim for the transfer registration procedure

A. Recognizing the fact that the Plaintiff is the owner of the instant motor vehicle after acquiring the ownership of the instant motor vehicle on June 4, 2001.

- The Defendant entered into a comprehensive automobile insurance contract with Samsung Fire Marine Insurance Co., Ltd. for one year from September 14, 2007 with the insurance period as to the instant automobile.

[Ground of recognition] Uncontentious facts, Gap evidence No. 1, fact-finding results of this court's fact-finding on Samsung Fire and Marine Insurance Co., Ltd., the purport of the whole pleadings

B. (1) The summary of the allegations by the parties (A) C himself at the time of purchase of the Plaintiff’s instant vehicle from C, who is the seat of the Plaintiff.

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