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(영문) 대구고등법원 2015.11.13 2015누5291
재결신청청구거부처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's lawsuit concerning the part of the claim added in the trial shall be dismissed;

3...

Reasons

1. The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the rejection of the entries in Gap evidence 2 or 10, which are insufficient to recognize the plaintiff's assertion that the disposition of this case is unlawful, which are evidence added by the court of first instance in addition to Paragraph (2) below to the judgment on the above claim for confirmation added by the court of first instance. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. We examine ex officio whether the claim for confirmation of the authenticity of the deed on the instant lease agreement added in the trial is legitimate.

A. A lawsuit for confirmation of the authenticity of a deed under Article 250 of the Civil Procedure Act is a lawsuit to confirm whether the document was forged or altered, unless it was prepared by the person in whose name the document was prepared. As such, the permission of an independent lawsuit for confirmation of the fact, which is the truth of the document, is based on the fact that the authenticity of the document becomes final and conclusive by a judgment, and as a result, the authenticity of the document is unlikely to be resolved by the dispute itself or, at least, contributed to the resolution of the dispute. Therefore, in order to legally confirm the authenticity of the document, there is a benefit to seek confirmation of the authenticity of the document.

In a lawsuit for confirmation, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation and the determination of the plaintiff's legal status is the most effective and appropriate means to eliminate such apprehension and danger when the plaintiff's legal status is unstable and dangerous.

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