logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2015.10.07 2015가단3644
자동차소유권이전등록절차인수 등
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

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

Reasons

1. ex officio of the determination on the part of the claim for confirmation as to the legitimacy of the part of the claim for confirmation in the lawsuit for confirmation is acknowledged as being the most effective and appropriate means to obtain the judgment of confirmation in order to eliminate the Plaintiff’s legal status risks arising from dispute between the parties as to the legal relationship subject to confirmation.

However, even if the Plaintiff received a confirmation judgment against the Defendant as stated in the purport of the claim, the res judicata of the judgment does not affect the State or local government, and thus, it cannot be set up against the competent administrative agency that imposed the fine for negligence, etc. by the judgment, and the Plaintiff’s obligation to pay the fine for negligence, etc., registered as the owner in

Therefore, the part of the claim for confirmation of the obligation to pay administrative fines, etc. in the lawsuit of this case is unlawful as there is no benefit of confirmation since it cannot be the most effective and appropriate means to eliminate the Plaintiff’s legal status

Therefore, the part concerning the claim for confirmation among the lawsuits in this case is dismissed.

2. Determination on the claim for taking over the procedure for the registration of automobile ownership transfer

A. On February 1, 2014, where the Plaintiff borrowed KRW 3 million from the Defendant and fails to repay it, the Plaintiff, as indicated in the separate sheet (hereinafter “instant vehicle”), made payment in kind to the Defendant, and transferred the instant vehicle to the Defendant along with all documents necessary for the registration of transfer of ownership.

Therefore, the defendant is obligated to register the transfer of ownership in accordance with Article 12(3) of the Automobile Management Act when he disposes of the instant vehicle at will in order to appropriate the loan.

(b) Article 208(3)3 of the Civil Procedure Act:

arrow