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(영문) 춘천지방법원속초지원 2017.06.20 2016가단2408

증서진부확인의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed as to whether the document verifying the legal relationship becomes final and conclusive, and as a result, the parties are no longer able to dispute over the authenticity of the document itself or at least to resolve the dispute itself. Thus, in order for a lawsuit to verify the authenticity of the document to be lawful, there is a benefit to seek confirmation of the authenticity of the document (see, e.g., Supreme Court Decision 2005Da29290, 29306, Jun. 14, 2007). A lawsuit to confirm whether the content of the document conforms to objective truth is not allowed (see, e.g., Supreme Court Decision 88Meu4710, Feb. 14, 1989). In other words, the following circumstances acknowledged by the record, namely, “the frequency of auction and the cost of repairing the document” (hereinafter “the document of this case”) are no dispute between the Plaintiff and the Defendant for the authenticity of the document of this case.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.