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(영문) 수원지방법원안산지원 2017.08.30 2017가단2939
자동차소유권이전등록절차인수 등
Text

1. The part concerning the claim for confirmation in the instant lawsuit shall be dismissed.

2. The defendant shall set forth in the attached list from the plaintiff.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff, as to whether the part of the instant lawsuit’s claim for confirmation is lawful, seeks confirmation from the Defendant that the Defendant is liable to pay automobile tax and various administrative fines incurred after August 19, 2014 with respect to the motor vehicles indicated in the separate sheet.

In a lawsuit for confirmation ex officio, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, when there is apprehension of the Plaintiff’s rights or legal status, receiving a judgment of confirmation is the most effective and appropriate means to eliminate such apprehensions (see Supreme Court Decision 2014Da218511, Dec. 11, 2014). As to the instant case, health class, even if a judgment is rendered against the Defendant as alleged by the Plaintiff, the obligation to pay the administrative fine and automobile tax imposed on the Plaintiff is not transferred from the Defendant (i.e.,, the obligation of the Plaintiff to pay the administrative fine or automobile tax imposed on the Plaintiff, etc. to the administrative agency or the tax authority, or the effect of the judgment of this case does not affect the administrative agency, etc.). As such, the part of the claim for confirmation in this case cannot be the most effective and appropriate means to eliminate the Plaintiff’s legal status anxietys.

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