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(영문) 서울동부지방법원 2014.11.18 2014가단29941
증서진부확인의소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. An ex officio action for confirmation of the legitimacy of the lawsuit in this case is permitted when there is a legal interest to immediately determine the existence of present rights or legal relations. The "action for confirmation of the authenticity of a deed" as permitted under Article 250 of the Civil Procedure Act is about the document proving the rights or legal relations only by the title holder, and a lawsuit for confirmation of whether the contents in the document are consistent with the objective truth is not allowed (see, e.g., Supreme Court Decision 88Meu4710, Feb. 14, 1989). Thus, in this case, the lawsuit of this case is not allowed since the plaintiff's claim for confirmation of the fact that the apartment lease contract was made between C and D as of November 5, 2013 with respect to No. 204 Dong-dong, Gangnam-gu, Seoul as of November 5, 2013 is not about whether the document is authentic by the title holder, but about whether the contents in the document are consistent with the objective truth, and thus the lawsuit in this case is not unlawful.

2. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.

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