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(영문) 서울중앙지방법원 2015.05.06 2014가단94775
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The registration of transfer of ownership in the name of the Defendant was completed with respect to the 39.82 square meters of the land year and the sloping roof (hereinafter “instant housing”) on the ground of Seongbuk-gu Seoul (hereinafter “Seoul”) but the registration of transfer of ownership in the name of the Seoul Central District Court was completed on March 22, 2004 as the receipt No. 15966 on March 18, 2004.

B. Meanwhile, the date of preparation is March 18, 2004, and the title holder is Defendant (seller) and the Plaintiff (Buyer), and there is a real estate sales contract concerning the instant housing that constitutes KRW 5,00,000 for the purchase price (hereinafter “instant contract”).

C. The Plaintiff filed a lawsuit against the Defendant, CBD Co., Ltd., and B for the payment of real estate purchase price as this court’s 201Kadan127414.

On September 28, 2011, the above court dismissed the main claim of KRW 63 million and damages for delay caused by the Defendant, CBD, and E’s tort. On the premise that the seller of the instant housing is CBD, the seller of the instant housing recognized the cancellation of the contract for the Plaintiff to purchase the instant housing from CBD based on the premise that CBD is a stock company, and ordered CBD to pay the Plaintiff KRW 63 million and damages for delay at the same time with the Plaintiff’s execution of the procedure for the cancellation of the registration of cancellation of the ownership transfer in the name of the Plaintiff on the instant housing.

This ruling was finalized on October 15, 2011.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Plaintiff’s assertion and judgment

A. The Plaintiff seeks confirmation that the instant contract was arbitrarily forged by the Defendant and submitted as evidence in the instant case No. 2011Da127414, supra, that the said document was not a true document.

B. The grounds for allowing a lawsuit to confirm the authenticity of a deed under Article 250 of the Civil Procedure Act are that the party becomes final and conclusive to confirm the legal relationship, whether the document is authentic.

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