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(영문) 춘천지방법원속초지원 2017.10.17 2017가단799
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, this paper examines the legitimacy of the instant lawsuit.

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.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the authenticity of a document, and thereby exceeding the bounds of the principle of free evaluation of evidence, and by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal.

(See Supreme Court Decision 2005Da29290 Decided June 14, 2007, etc.). Attached Form “Order for Payment” (hereinafter “instant document”) refers to a document in which the Plaintiff filed a lawsuit against the Defendant and the Plaintiff expressed his/her intent to file an objection against the order for payment issued in the case of return of unjust enrichment against the Defendant, which is, a document subject to confirmation of the authenticity of the deed, that is, a document that directly proves the existence of certain legal relations from the content of the document, and even if the document falls under the document subject to confirmation of the authenticity of the deed, it is difficult to view it as a document that directly proves the existence of certain legal relations from the content of the document, and even if the document falls under the document subject to confirmation of the authenticity of the deed, the said case was implemented in the lawsuit (Scheon District Court Decision 2016Gaso2185) and the final judgment

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