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(영문) 수원지방법원안산지원 2015.08.19 2015가단4139
자동차소유권이전등록
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. The Plaintiff, on February 1, 2014, sought confirmation that the Defendant was liable to pay an administrative fine, automobile tax, etc. imposed on the Plaintiff following the transfer date, since it was operated without taking the registration procedure for the transfer of ownership of a motor vehicle after acquiring a motor vehicle listed in the separate sheet from the Plaintiff on February 1, 2014.

With respect to the legitimacy of this part of a lawsuit, the benefit of confirmation in a lawsuit for confirmation is recognized as the most effective and appropriate means for the parties to the lawsuit for confirmation to eliminate the legal status of the plaintiff due to dispute, and thus, separate procedures for objection against the competent administrative agency regarding the disposition of taxes, public charges, and administrative fines are provided. In addition, even if the court accepted the plaintiff's claim for confirmation, the obligation to pay taxes, public charges, and administrative fines imposed on the plaintiff by the judgment cannot be transferred from the plaintiff to the defendant, or the plaintiff's obligation to pay such taxes, public charges, and administrative fines cannot be extinguished. Thus, the part of the lawsuit for confirmation in this case cannot be seen as an effective and appropriate means to eliminate

Therefore, this part of the lawsuit is unlawful because there is no benefit of confirmation.

2. Judgment on the procedure for the transfer of ownership of an automobile, the acquisition of the automobile, and the claim for monetary payment

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. In conclusion, the part of the claim for confirmation in the lawsuit in this case is unlawful and dismissed, and it is so decided as per Disposition with the assent of all participating Justices on the procedure for acquisition of the ownership transfer registration and the claim for monetary payment.

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