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(영문) 광주지방법원 2016.01.14 2015가단18669
손해배상(기)
Text

1. All of the main claims and ancillary claims in the instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be.

Reasons

1. On June 20, 1989, the Plaintiff completed the registration of ownership transfer with respect to the real estate of this case on the grounds of sale on the same day (75,000,000 won) on August 27, 2013, the Plaintiff did not dispute between the parties.

2. A lawsuit seeking confirmation as to the legitimacy of a lawsuit concerning the primary claim is a lawsuit seeking confirmation of the existence or absence of a legal relationship, and it cannot be the subject of confirmation. As for the primary claim of the Plaintiff, health class and the subject of confirmation sought by the Plaintiff is clear fact-finding, the lawsuit concerning the primary claim is unlawful.

3. A lawsuit seeking confirmation of the authenticity of a preliminary claim is a lawsuit seeking confirmation of whether a document was forged or altered, unless it was written by the person in whose name the document was written (see Supreme Court Decision 91Da15317, Dec. 10, 1991). It does not mean the authenticity of the content. The Plaintiff is obviously seeking confirmation of the authenticity of the amount of the purchase price, not “75,000,000,” and “40,000,000,” and therefore, it is apparent that the Plaintiff is seeking confirmation of the authenticity of the amount of the purchase price. As such, the said lawsuit on the preliminary claim is also unlawful, since it is also unlawful.

4. In conclusion, the part of the main claim and the conjunctive claim in the lawsuit in this case are all unlawful, and it is so decided as per Disposition by the assent of all.

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