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(영문) 의정부지방법원고양지원 2016.06.24 2015가단27562
자동차소유권이전등록 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

According to the evidence submitted, the Plaintiff is registered as the final owner of the motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”), and the Plaintiff filed a lawsuit against the Defendant to the effect that he/she will take over the transfer of ownership of the instant motor vehicle on August 13, 2015 and rendered a favorable judgment on August 13, 2015, and the said judgment became final and conclusive at that time. However, since the instant motor vehicle was subject to seizure due to a fine for negligence and a seizure registration based on a default of local taxes, the Plaintiff was deemed to have attempted to enforce the said final judgment as the executive title, but was rejected.

The Plaintiff seeks a judgment, such as the purport of the claim, on the ground that it is possible to register the transfer of ownership without cancelling the attachment registration, if the Plaintiff receives a new judgment to the effect that “the procedures for the registration of the transfer of ownership including the details of attachment due to administrative fines existing in the instant automobile and the arrears of automobile

However, according to Article 56 of the Act on the Maintenance of Public Order, where a motor vehicle related to an administrative fine related to a motor vehicle becomes subject to attachment registration due to the delinquency of the administrative fine related to the motor vehicle, a person who intends to register the transfer of ownership to the motor vehicle shall submit a certificate of payment of the administrative fine related to the motor vehicle which caused the attachment registration. Thus, unless the above administrative fine is paid, it is impossible to register the transfer of ownership, and in the case of attachment registration due to the delinquency of local tax such as the motor vehicle tax, the imposition of the motor vehicle tax is imposed on the owner of the motor vehicle register, and even if the plaintiff and the defendant have determined the subject to bear the local tax through a lawsuit between the plaintiff and the defendant, such judgment does

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