Criteria for distinction between reporting documents and disposal documents

In order for a certain document to be deemed a disposal document to be a disposal document, it is necessary to prove that the act in the public law or private law is performed by the document, and even if the contents of the document are related to the person's own legal act, the legal act is deemed to be an external fact, or is described in the opinion or appreciation thereof, it shall be deemed to be a disposal document, not a disposal document, and it shall be a report document, and it shall be a document, the document, the contents of which are stated the memory and opinion as to the implementation of the contract in the past and the validity of the contract, and it shall be obvious that the act to prove

Article 187 of the Civil Procedure Act

Plaintiff

[Defendant-Appellant] Defendant 1

Seoul High Court Decision 86Na2089 delivered on December 26, 1986

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the fact that the plaintiff purchased the real estate of this case from the non-party 3,00,000 won on June 30, 1976 and the total amount of 9,000,000 won on November 25, 1978 to the non-party company after compiling the evidences of this case, and rejected all the evidence inconsistent with the above recognition. In light of the records, the court below's above evidence preparation and fact-finding are justified.

The court below rejected Eul evidence No. 6, which was rejected by the court below, as the plaintiff paid to the non-party company as the purchase price of the real estate of this case, since each of the amounts paid to the non-party company as of June 30, 1976 and November 25, 1978, was not paid as the purchase price of the real estate of this case, the above purchase and sale contract must be rejected as a disposal document that confirms that the non-party company had already been destroyed due to the plaintiff's default of the plaintiff's obligation, and it is illegal to recognize the facts opposing the above, unless the court below explained its reasons. However, even though a certain document needs to be proved as a disposal document in public or private law to be deemed as a disposal document, it is necessary to consider the legal act as an external fact, and even if the content of the document is about the person who prepared the document, if it stated its opinion or sense, it is not a disposal document, but a disposal document, and thus, it can not be accepted as the plaintiff's opinion as to whether the contract remains in existence and the defendant's opinion.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee B-soo (Presiding Justice)