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(영문) 수원지방법원안산지원 2016.08.10 2015가단33519
자동차소유권이전등록절차인수
Text

1. Motor vehicle tax, penalty, and administrative fine imposed on the motor vehicle stated in the attached Table among the instant lawsuit.

Reasons

1. Facts of recognition;

가. 원고는 2014. 10. 1. 별지 목록 기재 자동차(이하 ‘이 사건 자동차’라 한다)에 관하여 소유권이전등록을 마친 후, 2014. 11.초경 성명불상자에게 이 사건 자동차를 담보로 제공하고 300만 원을 차용하였고, 그와 동시에 만약 원고가 2014. 12. 31.까지 차용금을 변제하지 못할 경우에는 자동차를 양도하기로 약정하면서 이 사건 자동차의 소유권이전등록에 필요한 서류를 셩명불상자에게 교부하였다.

B. On August 12, 2015, the Defendant purchased the instant automobile from C, and entered into an automobile insurance contract with Hyundai Marine Fire Insurance Co., Ltd. with respect to the instant automobile from August 12, 2015 to August 12, 2016.

C. On the other hand, around March 24, 2015, the Defendant was notified of the payment of administrative fines, etc. on several occasions by imposing an administrative fine on the instant motor vehicle, etc., and the registration of seizure was completed several times on the instant motor vehicle due to the failure to pay the motor vehicle tax.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, fact-finding inquiry report by the head of the registration office of the Ansan-si vehicle, and the fact-finding inquiry report by the modern marine fire insurance company, the purport of the whole pleadings

2. Determination as to the claim for confirmation of the obligation to pay automobile tax, penalty, and administrative fine among the instant lawsuit

A. The Plaintiff seeks to confirm that “the Plaintiff is liable to pay the automobile tax imposed on the instant motor vehicle from December 31, 2014, which was the day on which the Plaintiff decided to transfer the instant motor vehicle, and the Defendant is liable to pay the penalty and fine for negligence, etc. incurred while operating the instant motor vehicle after the day above.” As to the legitimacy of the instant lawsuit, the Plaintiff’s assertion is examined

B. The benefit of confirmation in a lawsuit for confirmation is a dispute between the parties regarding the legal relationship subject to confirmation, and due to which the legal status of the Plaintiff is unstable and dangerous.

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