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(영문) 서울중앙지방법원 2020.01.09 2019가단5307327

증서진부확인의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. A lawsuit for confirmation may be instituted in order to determine whether the document verifying legal relations is authentic;

(Article 250 of the Civil Procedure Act (Article 250). The lawsuit for the confirmation of the authenticity of a deed is a lawsuit to determine whether the document was forged or altered, unless it was written by the person in whose name the document was written. The permission of an independent lawsuit for the confirmation of the authenticity of a document is significant that the authenticity of the document, which proves legal relations, is allowed when the judgment becomes final and conclusive, may not dispute the authenticity of the document between the parties, or at least contribute to the resolution of the dispute itself.

Therefore, even if the truth of a document seeking confirmation has been determined by a lawsuit, it cannot be eliminated that the legal relationship or legal status to be proved by the document, and there is no benefit of confirmation in the case where it is necessary to seek confirmation from the relevant rights or legal status itself in order to eliminate the legal inconsistency.

2. On December 10, 1991, the Plaintiff is seeking to verify the authenticity of a workplace lease agreement in order to identify who is the business owner entitled to claim damages. However, solely on such grounds, the Plaintiff cannot be deemed as a case where the benefit of confirmation is recognized by the lawsuit stipulated in Article 250 of the Civil Procedure Act.

3. Ultimately, the lawsuit of this case is unlawful and its defects cannot be corrected, and thus, it is so decided as per Disposition by the assent of all participating Justices under Article 219 of the Civil Procedure Act.