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(영문) 서울남부지방법원 2019.07.25 2019가단696
사기에 의해 작성한 차용증 취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

On April 24, 2013, the Plaintiff filed a lawsuit seeking revocation in order to legally revoke the loan certificate of this case (hereinafter “the loan certificate of this case”) on the grounds that the loan certificate prepared to the Defendant on April 24, 2013 (hereinafter “the loan certificate of this case”) was made by the Defendant’s deception and constitutes Article 110(1) of the Civil Act

(1) Article 110 (1) of the Civil Act provides that "a declaration of intention by fraud or duress may be revoked," and Article 110 (1) of the Civil Act does not provide that "a declaration of intention by fraud or duress may be revoked," and it does not provide that a claim for revocation of the loan certificate may be filed to the court seeking revocation, on the ground that there is no legal ground that the plaintiff may file a claim for revocation of the loan certificate of this case with the court, and thus, the lawsuit of this case by the plaintiff is an action for the formation of a legal relationship, which is intended to modify or form the existing legal relationship (see, e.g., Supreme Court Decision 2000Da45020, Jan. 16, 2001).

Therefore, since the plaintiff's lawsuit of this case is unlawful, it is decided to dismiss it, and it is so decided as per Disposition.

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