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(영문) 창원지방법원 2017.04.20 2016가단8346
자동차소유권이전등록절차이행 등
Text

1. The part concerning the claim for confirmation in the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

2...

Reasons

1. Determination ex officio as to the legitimacy of a lawsuit

A. The plaintiff's assertion that the plaintiff did not pay the administrative fine, automobile tax, etc. incurred after the defendant acquired a motor vehicle listed in the separate sheet (hereinafter "the motor vehicle of this case"). Thus, the administrative agency's obligation to pay the administrative fine, automobile tax, etc. imposed on the plaintiff is the defendant. It seems that the plaintiff does not seek money directly against the defendant but seeks confirmation that the administrative agency's obligation to pay to the defendant is the defendant. Thus, the plaintiff

Accordingly, the part of the claim for confirmation of the obligation to pay administrative fines, automobile taxes, and other public charges in the lawsuit of this case is legitimate.

B. 1) In a lawsuit for confirmation, the benefit of confirmation exists between the parties in relation to the legal relationship subject to it, and thereby, it is recognized where the judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s legal status at the time the Plaintiff’s risk is unstable, and even though the Plaintiff may bring a lawsuit for performance, permitting the Plaintiff’s claim for confirmation of the existence of the right to claim performance itself is not effective to eliminate anxietys. However, in this case, even if the Plaintiff was rendered confirmation as alleged in that case, even if the Plaintiff was rendered confirmation against the Defendant, it is not transferred from the Plaintiff to the Defendant (i.e., the above confirmation judgment on internal monetary burden between the Plaintiff and the Defendant does not lose the Plaintiff’s obligation to pay the fine for negligence or automobile tax against the administrative agency or the tax authority, or affect the effect of the judgment of this case). The above confirmation judgment cannot be the most effective and appropriate means to remove the Plaintiff’s legal status unstable risks.

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