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(영문) 대법원 2015.06.24 2014다21458
소유권이전등기절차이행
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

A. The submission of a document shall be the original, and the submission of evidence by a simple copy, not the original, is unlawful in principle due to the lack of accuracy guarantee. Thus, if disputes over the existence of the original and the authenticity of the establishment, and the other party raises an objection against the substitution of the original, the submission of a document may not replace the original with a copy.

On the other hand, if a copy is submitted as an original, the copy shall be independent documentary evidence, or it shall not be deemed that the original has been submitted, and in this case, there is no evidence that there is a copy of the content, unless there is the same original as the copy by evidence, and the original has been duly created.

However, the applicant party lost the original document.

If the document is damaged in good faith, or if a third party who does not have an obligation to comply with the order to submit the document holds the original of the document, it is impossible to submit the original document or is not required to submit the original document in a de facto situation, such as where the original is a document of a large quantity, etc. However, in such case, the party applying for the document must prove and prove the specific reason for recognizing the legitimacy of the submission of the original document.

(See Supreme Court Decision 2009Da96403 Decided February 25, 2010, and Supreme Court Decision 2000Da66133 Decided August 23, 2002, etc.) B.

The judgment below

According to the reasoning of the judgment below, the court below submitted a copy of the defendant B's document confirming that the land of this case in the judgment of the court below is owned by the plaintiff, as Gap evidence 6-1, and the defendant B's stamp image of the above document is based on his seal.

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