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(영문) 서울북부지방법원 2015.11.06 2015가단31732
자동차소유권이전등록절차인수 등
Text

1. The part concerning the claim for confirmation of the obligation to pay an administrative fine among the instant lawsuits is dismissed.

2. The defendant shall list the attached list from the plaintiff.

Reasons

1. In a judgment on a claim for confirmation of the duty to pay an administrative fine, the benefit of confirmation is recognized as the most effective and appropriate means to obtain a judgment on confirmation in order to eliminate the legal status of the Plaintiff due to dispute between the parties as to the legal relationship subject to the lawsuit.

However, even if the Plaintiff received a confirmation judgment, such as the statement in the purport of the claim against the Defendant, res judicata of the judgment does not affect only the Plaintiff and the Defendant, and thus, it cannot be asserted against the competent administrative agency imposed by the judgment, and the Plaintiff’s obligation to pay the fine for negligence is not extinguished.

Therefore, the part of the claim for confirmation of the obligation to pay fines among the lawsuits of this case cannot be the most effective and appropriate means to eliminate the Plaintiff’s legal status uneasiness, and thus, is unlawful.

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

(a) Indication of claims: To be indicated 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 of the claim for confirmation of the obligation to pay the fine for negligence among the instant lawsuit is dismissed, and the remaining claims are reasonable, and it is so decided as per Disposition.

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