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(영문) 수원지방법원 안양지원 2017.03.30 2016가단6994
자동차소유권이전등록절차인수청구의 소
Text

1. The part concerning the claim for confirmation of liability for payment of automobile tax and fines among the instant lawsuit shall be dismissed.

2. The defendant.

Reasons

1. Facts of recognition;

A. On April 2014, the Plaintiff accepted the registration of ownership of a vehicle in his/her father’s name because the Defendant, his/her father, cannot register ownership in his/her own name due to personal circumstances, upon request of the Plaintiff, an automobile listed in the separate sheet (hereinafter “instant automobile”).

B. On April 2, 2014, the Plaintiff registered the instant motor vehicle in its own name.

C. On February 23, 2015, the Plaintiff notified the Defendant of the termination of the title trust agreement, but the contact with the Defendant was interrupted thereafter.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff, as the Defendant directly operated as the actual owner of the instant motor vehicle, sought confirmation that the Defendant is liable to pay the fine for negligence and the automobile tax imposed on the said motor vehicle.

This paper examines ex officio.

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 the most effective and appropriate means to determine the plaintiff's legal status as a 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; 93Da40089, Dec. 22, 2005; 2003Da55059, Dec. 22, 2005). In addition, there is a separate procedure against the competent administrative agency regarding the imposition of a fine for negligence and automobile tax on health care as to this case, even if the court accepted the plaintiff's claim for confirmation, it cannot be viewed as a valid and appropriate means to eliminate the plaintiff's legal apprehension and danger, and thus, the part seeking confirmation that the plaintiff's claim for confirmation in this case is liable for automobile tax and automobile tax on the defendant.

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