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(영문) 서울남부지방법원 2015.10.22 2015가단37324
자동차과태료 납부확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. Whether the lawsuit of this case is lawful

A. ex officio, the benefit of confirmation in a lawsuit for health care and confirmation is one of the most effective means to resolve disputes between the parties with respect to the legal relationship that is the subject matter of confirmation, and thereby, it is recognized that the confirmation judgment is the most effective and appropriate means to eliminate the Plaintiff’s risk of unstable legal status.

B. In the instant case, even if the Plaintiff received a confirmation judgment against the Defendant on the grounds as shown in the separate sheet, the obligation to pay the administrative fine imposed on the Plaintiff by the judgment does not transfer it to the Defendant (the res judicata of this lawsuit does not extend to the State or local governments only between the Plaintiff and the Defendant. As such, the instant judgment alone does not extinguish the Plaintiff’s obligation to pay taxes, public charges, and administrative fines to the administrative agencies imposing the tax authority or the administrative fines, etc., and the said judgment cannot be the most effective and appropriate means to eliminate the Plaintiff’

Therefore, the instant lawsuit has no interest in confirmation.

3. As such, the instant lawsuit is unlawful and thus dismissed.

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