(영문) 춘천지방법원강릉지원 2015.11.24 2015가합352

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(영문) 춘천지방법원강릉지원 2015.11.24 2015가합352

희망퇴직서무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the cause of the claim argues that the submission of the desired retirement statement in this case by the plaintiff is invalid as it is by the defendant's strong pressure. The plaintiff seeks confirmation as stated in the purport of the claim.

2. We examine, ex officio, the legitimacy of the instant lawsuit.

Since a lawsuit for confirmation is aimed at resolving existing legal disputes, it is necessary to be the current rights or legal relations in principle, and it is not allowed to file a lawsuit for confirmation of facts.

As a result, natural phenomena and historical facts that have no legal meaning can not be confirmed, and facts that correspond to the legal requirements that require the current legal relationship and the preliminary question of legal relations can not be confirmed.

However, Article 250 of the Civil Procedure Act exceptionally provides that “The lawsuit for confirmation of legal relations may also be instituted in order to determine whether or not the document verifying legal relations is authentic,” and exceptionally, Article 250 of the Civil Procedure Act permits a lawsuit for confirmation of the authenticity of the document, which is an independent lawsuit for confirmation of the authenticity of the document, on the grounds that the authenticity of the document is not disputed between the parties when the document becomes final and conclusive by a judgment.”

However, the plaintiff's lawsuit of this case is a legal relation arising from the desired retirement document of this case, i.e., the validity of the above document itself, not the validity of the voluntary retirement, and thus, it can be seen as seeking confirmation of facts. Since the plaintiff's lawsuit of this case does not constitute a lawsuit for confirmation of authenticity of the deed under Article 250 of the Civil Procedure Act on the first date for pleading, the plaintiff's lawsuit of this case is a lawsuit for

참조조문

-민사소송법 제250조

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