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(영문) 서울동부지방법원 2015.01.13 2014가단30217
진부증서확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. An ex officio action for confirmation of the legitimacy of the lawsuit in this case is permitted when there is a legal interest to immediately determine the existence of present rights or legal relations. The "action to confirm the authenticity of a deed" as permitted under Article 250 of the Civil Procedure Act is about the document proving the rights or legal relations only by the title holder, and there is no lawsuit for confirmation as to whether the contents in the document are consistent with the objective truth (see, e.g., Supreme Court Decision 88Meu4710, Feb. 14, 1989). In this case, the plaintiff's claim for confirmation of the cash sales receipt for KRW 34 representative B, D60,00 of Gangdong-gu Seoul Metropolitan Government 34th, Jan. 13, 2009 is not about whether the document is authentic by the title holder, but about whether the contents in the document are consistent with the objective truth, and thus, the lawsuit in this case is not allowed.

2. If so, the Plaintiff’s lawsuit of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.

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