logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원속초지원 2015.11.24 2015가단2067
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The summary of the cause of the Plaintiff’s claim was prepared by a false statement of the purport of the claim that the Plaintiff and C were living together with the Plaintiff (hereinafter “instant certificate”) and submitted to the Chuncheon District Court’s 2014Gadan2749 case.

If the plaintiff confirms that the content of the above certificate is not true, he/she should file a civil or criminal lawsuit against the defendant and gain economic benefits.

Therefore, the plaintiff has reached the claim of this case to remove the risks of its legal status.

2. Determination on this safety defense

A. The defendant asserts that the lawsuit of this case is unlawful because there is no benefit of confirmation.

B. 1) Article 250 of the Civil Procedure Act provides that “A lawsuit for confirmation of legal relations may also be instituted in order to determine whether or not a document verifying the legal relations is authentic.” The document that is the object of a lawsuit to verify the authenticity of a deed refers to a document directly proving the legal relations, and “a document certifying the legal relations” refers to a document that can directly prove the existence of a specific legal relationship from the stated contents. Moreover, the reason for allowing a lawsuit to confirm the authenticity of a deed under Article 250 of the Civil Procedure Act is that the parties cannot dispute whether a document verifying the authenticity of a deed becomes final and conclusive, and as such, the dispute itself with respect to legal relations is resolved or at least would be significantly helpful for the settlement of the dispute itself, so a lawsuit to confirm the authenticity of a deed must have the right to seek confirmation of the authenticity of the document in order to be lawful (see Supreme Court Decision 2005Da29290, Jun. 14, 2007).

arrow