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(영문) 수원지방법원성남지원 2017.12.08 2017가단212506
소유권이전등록
Text

1. The part concerning the claim for the confirmation of liability for payment, such as fines for negligence and automobile tax, shall be dismissed.

2. The defendant.

Reasons

In the instant lawsuit, the Plaintiff asserts that the Defendant was liable to pay fines, automobile taxes, etc. to the Plaintiff, who is the title holder of the instant vehicle, by operating a motor vehicle without the transfer of ownership while acquiring the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) from the Plaintiff and without the transfer of ownership, and that the Defendant was liable to pay such fines, automobile taxes, etc.

On the other hand, if the Defendant imposed an administrative fine, automobile tax, etc. on the Plaintiff following the Defendant’s operation of the instant vehicle as alleged by the Plaintiff, as long as separate appeal procedures are provided, the disposition of administrative fine, etc. should be contested in the appeal procedures. Even if the Plaintiff received a confirmation judgment, the said judgment shall be effective only to the Plaintiff and the Defendant, and as long as it does not affect the administrative body imposing the administrative fine, etc., the mere fact that such a confirmation judgment may act in favor of the Plaintiff in the appeal procedures against the administrative body cannot be deemed as the most effective and appropriate means to remove the Plaintiff’s fear

Therefore, the part of the claim for confirmation of liability for payment, such as administrative fines and automobile taxes, in the lawsuit of this case, is unlawful.

The reasons for the claim for the performance of the transfer registration procedure are as specified in the attached Form.

In conclusion, Article 208(3)3 of the Civil Procedure Act of the applicable provisions of the Acts is inappropriate as the part of the claim for confirmation of the obligation to pay administrative fines, automobile taxes, etc. among the lawsuit in this case is dismissed. The plaintiff's claim for the implementation of the transfer registration procedure of ownership transfer of the automobile in this case is justified

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