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(영문) 춘천지방법원강릉지원 2015.06.02 2014나2225
증서진부확인
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

A lawsuit for confirmation of the authenticity of a deed is about whether the document solely proves the rights or legal relations has been prepared by the person under whose title it was prepared.

The Plaintiff asserted that the instant deed was not prepared by the Plaintiff, and the Plaintiff’s address, resident registration number, telephone number, and name at the top and bottom of the upper part of the instant deed were written by the Plaintiff, but it was argued that it was written in the blank cited by C.

However, the plaintiff's assertion that the plaintiff's letter of this case was written in blank when considering the location of each of the printed parts of the original part and the vice versa is not persuasive, and rather, in light of the aforementioned various circumstances, the certificate of this case seems to have been authentic by the plaintiff.

Unlike this, there is no evidence to prove that the Plaintiff’s assertion that the instant deed was not authentic by the Plaintiff, and thus, the Plaintiff’s assertion is without merit.

Therefore, the plaintiff's claim of this case shall be dismissed, and the judgment of the court of first instance is unfair by rejecting the lawsuit of this case differently, but the court of first instance determined to the effect that the lawsuit of this case has no interest in confirmation on the ground that the plaintiff and the defendant are already pending in the loan lawsuit against the plaintiff on the basis of the certificate of this case.

However, in a case where a lawsuit has already been filed over a legal relationship to be proved by a document, it would be possible to resolve the dispute, and thus, it cannot be deemed that there is a benefit of confirmation unless there are special circumstances. However, in a case where a lawsuit to confirm the authenticity of the document is first filed, the lawsuit concerning the subsequent legal relationship.

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