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(영문) 부산지방법원 2015.10.08 2015가단50466
자동차소유권이전등록절차인수등
Text

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

2. The defendant shall enter the attached Forms 1 and 2 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 this part of the purport of the claim, the res judicata of the judgment does not affect only between the Plaintiff and the Defendant, and thus, it cannot be asserted against the competent administrative agency that imposed the fine for negligence, etc. by the judgment, and it does not extinguish the Plaintiff’s obligation to pay the fine for negligence, etc.

Therefore, the part of the claim for confirmation in the lawsuit in this case is unlawful, since it cannot be the most effective and appropriate means to eliminate the Plaintiff’s legal status unstable danger.

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

(a) Indication of claims: To be stated in the corresponding part of the grounds for the claims;

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

3. According to the conclusion, the part concerning the claim for confirmation among the instant lawsuit is dismissed, and the part concerning the claim for the acquisition of the procedure for the registration of the transfer of automobile ownership is reasonable, and it is so decided as per Disposition

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