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1. On or after July 15, 2014, the instant lawsuit imposed on the Plaintiff regarding the operation of automobiles listed in the separate sheet.
Reasons
1. An action for ex officio determination (Dismissal part) is permitted where there is a benefit to immediately determine the present rights or legal relations between the parties to the dispute, and, in the event that a claim for performance can be filed, it is not effective for eliminating unstable and it cannot be a valid and appropriate means in light of the litigation economy, and therefore there is no benefit in confirmation.
As such, it is not allowed to obtain confirmation from a person who is not a party to a direct dispute, and it is unlawful as there is no legal interest in seeking confirmation, since it is not significantly effective to eliminate the apprehension of legal status, barring special circumstances.
I would like to say.
(See Supreme Court Decision 91Da6757 delivered on July 23, 1991. In this case, according to Gap evidence No. 7, the plaintiff was subject to each administrative fine, automobile tax, local tax disposition, etc. for the reason of the operation and ownership of the instant vehicle by the head of the original police station, the original state market, and the head of Yangcheon-gu Seoul Metropolitan Government. However, in this case where the plaintiff becomes a party to each disposition, even if he/she seeks confirmation of the obligation to pay the relevant administrative fine, automobile tax, local tax, etc. against the defendant who is not the party to the disposition, the plaintiff cannot enforce the implementation of the pertinent disposition against the defendant with the confirmation judgment, and thus, the plaintiff's claim
Therefore, among the instant lawsuit, the part of the claim for confirmation of the obligation to pay automobile tax, local tax, and administrative fine imposed on the Plaintiff regarding the operation of the instant automobile after July 15, 2014 is unlawful as there is no benefit of confirmation.
2. The description of the grounds for the claim (personal part) shall be as shown in the attached Form.
3. Article 208 (3) 3 of the Civil Procedure Act: