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(영문) 수원지방법원안산지원 2015.11.06 2015가단16330
자동차소유권이전등록절차인수
Text

1. Of the instant lawsuits, the part concerning the claim for confirmation of liability for payment of taxes, public charges, and administrative fines shall be dismissed.

2. The defendant.

Reasons

1. The Plaintiff’s claim to confirm the legitimacy of the part concerning the claim for confirmation of the tax, public charges, and the payment of fines for negligence is sought by the Defendant to confirm that the Defendant had the obligation to pay the tax, public charges, and the fine for negligence incurred on the instant automobile after the Defendant acquired the instant automobile

The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, 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 Decisions 93Da40089, Nov. 22, 1994; 2003Da55059, Dec. 22, 2005). However, even if the plaintiff is confirmed against the defendant for the same reason as the above assertion, the res judicata effect of the judgment is only effective between the plaintiff and the defendant, and it does not affect the State or local government. Thus, it cannot be asserted against the competent administrative agency imposing public charges or fines, and the plaintiff's obligation to pay public charges, etc., registered as the owner in

Therefore, it cannot be the most effective and appropriate means to get this part of the judgment.

Thus, the part of the lawsuit of this case to confirm the liability for payment of taxes, public charges, and administrative fines is unlawful as there is no benefit of confirmation.

2. A person who takes over a motor vehicle registered to determine on the claim for taking over the transfer registration procedure shall file an application for the transfer registration of ownership with the Mayor/Do Governor, and where a person who takes over a motor vehicle fails to file an application for the transfer registration, an owner recorded in the register may file an application for the transfer registration in lieu of a transferee, and Article 1

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