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(영문) 춘천지방법원강릉지원 2019.07.09 2018재나195
증서진부확인
Text

1. The plaintiff's petition for retrial is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court.

On April 21, 2017, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant (Defendant for review; hereinafter “Defendant”) to confirm that the annexed annexed annexed list 2017Kadan973 was not a document duly formed.

B. On September 12, 2017, the first instance court rendered a judgment dismissing the Plaintiff’s lawsuit (hereinafter “the first instance judgment”) on the ground that “The attached list is merely a document stating the name, address, and contact information of many persons, including the Defendant, including the Defendant, and it does not directly prove the existence of certain legal relations from the content thereof. Therefore, it cannot be a subject of a lawsuit seeking confirmation of the authenticity of the deed.”

C. On May 15, 2018, the appellate court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “the judgment on review”) against the judgment of the first instance, and appealed by this Court No. 2017Na1407.

As to the judgment subject to a retrial, the Plaintiff appealed by Supreme Court Decision 2018Da27553, stating that “The annexed annexed list is not prepared by the Defendant, but forged,” but the appeal was dismissed on August 30, 2018, and the judgment subject to a retrial became final and conclusive on September 3, 2018.

2. The assertion and judgment

A. The judgment subject to a retrial, even though the Defendant did not directly sign the Plaintiff’s assertion on the annexed annual list but instead, a specific person forged the Defendant’s signature and forged it, was neglected.

Therefore, there are grounds for retrial under Article 451(1)6 of the Civil Procedure Act (when documents and other articles used as evidence of a judgment were forged or altered), and Article 451(1)9 (when judgment on important matters affecting a judgment is omitted) in the judgment subject to retrial.

(b).

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