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(영문) 울산지방법원 2020.07.02 2019가단13499
자동차소유권이전등록
Text

1. The independent party intervenor shall dismiss the lawsuit against the plaintiff;

2. The defendant shall attach an independent party intervenor in attached Form.

Reasons

1. A lawsuit seeking confirmation on the legitimacy of an independent party intervenor's lawsuit seeking confirmation is recognized in cases where it is the most effective and appropriate means to determine the legal status of the plaintiff as a confirmation judgment to eliminate the risk of apprehensions when the legal status of the plaintiff is at risk. Thus, even though a lawsuit seeking implementation is possible, filing a lawsuit seeking confirmation is not a final solution of the dispute, and thus there is no benefit of confirmation.

(See Supreme Court Decision 2005Da60239 Decided March 9, 2006). In a lawsuit where the Plaintiff sought the implementation of the procedure for ownership transfer registration against the Defendant with respect to the instant motor vehicle, the Intervenor directly sought against the Defendant the implementation of the procedure for ownership transfer registration on the ground that the instant motor vehicle was owned by himself/herself, and participates in an independent party, is deemed to be a one-time final and conclusive solution of the dispute. The Intervenor’s separate claim for confirmation against the Plaintiff is difficult to be deemed the most effective and appropriate means to remove the Intervenor’s anxiety risk regarding legal status or to be the most effective and appropriate means to solve the dispute. Thus, the part of the Intervenor’s claim for confirmation against the Plaintiff is unlawful as it does not recognize the benefit of confirmation

2. Facts of recognition;

A. On April 2001, the Intervenor purchased the instant motor vehicle and thereafter, around that time, the name of the instant motor vehicle ownership between the Defendant and the Defendant reverts to the Defendant, and entered into an entrustment management agreement with the Defendant to operate the instant motor vehicle with an operation and management right delegated by the Defendant and pay management expenses, etc., and operated the instant motor vehicle. On March 6, 2018, the Intervenor borrowed the Plaintiff’s name, the spouse, and entered into the entrustment management agreement with the Defendant on the instant motor vehicle under the name of the Plaintiff (hereinafter “instant entrustment management agreement”).

B. The plaintiff.

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