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(영문) 춘천지방법원속초지원 2017.10.17 2017가단966
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Article 250 of the Civil Procedure Act provides, “A lawsuit for confirmation may also be instituted in order to determine whether or not the document verifying legal relations is authentic.” Thus, a document which is the object of a lawsuit to confirm whether or not the document is authentic is limited to a document directly proving legal relations, and “a document certifying legal relations” means a document which directly proves the existence or absence of a specific legal relationship from the content of the document.

(See Supreme Court Decision 2005Da29290 Decided June 14, 2007, etc.). However, the attached “list” is merely a document stating the name, address, and contact information of several persons, including the defendant, and it does not directly prove the existence or absence of a certain legal relationship from the written content, and thus, it cannot be the subject of a lawsuit seeking confirmation of the authenticity of a deed.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.

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