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(영문) 춘천지방법원속초지원 2017.06.20 2016가단2606
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.

The reason why Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed is that, as a result, the parties may no longer dispute as to the authenticity of a document verifying the legal relationship if it becomes final and conclusive, the dispute itself concerning legal relations or at least the dispute itself is significantly helpful for the resolution of the dispute itself. Therefore, in order to legally confirm the authenticity of a lawsuit to confirm the authenticity of a deed, there is a benefit to seek

(See Supreme Court Decision 2005Da29290, 29306 Decided June 14, 2007, etc.). The Plaintiff asserts to the effect that the Plaintiff filed the instant lawsuit seeking confirmation of the authenticity of “pre-delivery of compulsory execution of delivery of real estate” attached to the Chuncheon District Court, as it is improper for the Plaintiff to issue an order for delivery of real estate C or its enforcement.

However, an immediate appeal (Article 136(5) of the Civil Execution Act) may be raised against a judgment on the application for an order to deliver real estate, and an objection may be raised against the illegality existing in the execution itself as to the execution of the order to deliver real estate (Article 16 of the Civil Execution Act). Therefore, the lawsuit in this case has no benefit

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

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