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(영문) 서울고등법원 2017.03.10 2015나33023
증서진부확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is as follows, with the exception of adding the judgment below to the plaintiff's assertion.

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

[Additional Judgment] The plaintiff asserts that "the writing recorded in the loan certificate of this case (A No. 1) is not the deceased at the trial, but the Eul is present as a witness in the related civil procedure (In Inmancheon District Court 2014Gahap13613) and that "the fact was made as a witness on June 25, 2013," which is the date the loan certificate of this case was drawn up, the loan certificate of this case was prepared retroactively on behalf of the deceased, while there was no fact that the deceased was in the deceased's house on behalf of the deceased, and the deceased testified that "the deceased was present on behalf of the deceased that he was the defendant's wife," and that the loan certificate of this case was forged."

In case where it is recognized that the seal stamped on a document is a stamped seal by the seal of the holder of the title deed, unless there are special circumstances, it shall be presumed that the act of affixing the seal is based on the intention of the holder of the title deed, and once it is presumed that the authenticity of the seal is made, it shall be presumed that the authenticity of the document is made in accordance with Article 35

Therefore, the party who asserts that the document has been forged must prove that the above stamp image has been affixed actively against the will of the holder of the title deed.

(2) In the case of the loan of this case, the loan of this case is deemed to have been made based on the deceased’s will, since there is no dispute between the parties that the seal imprinted next to the deceased’s name is based on the deceased’s seal imprint, and accordingly, the authenticity of the entire loan of this case is presumed to have been made pursuant to Article 358 of the Civil Procedure Act.

However, first of all, Gap's 8.

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