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(영문) 춘천지방법원강릉지원 2015.07.07 2015나66
증서진부확인의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

A lawsuit for confirmation of the authenticity of a deed is about whether the document solely proves the rights or legal relations has been prepared by the person under whose title it was prepared.

The Plaintiff asserted that the instant deed was not prepared by the Plaintiff, and filed the instant lawsuit.

However, when the plaintiff was at the trial, the plaintiff stated that the unmanned resident registration number and signature next to the plaintiff's name are the plaintiff's writing pen. Thus, the plaintiff's assertion is without merit without further review.

Therefore, the plaintiff's claim of this case shall be dismissed, and the judgment of the court of first instance is unfair by rejecting the lawsuit of this case differently, but the court of first instance determined that the lawsuit of this case was in progress with respect to the deed of this case against the plaintiff C, Chuncheon District Court's territorial branch of 2014 Ghana1788.

However, since the defendant of the above lease deposit lawsuit is C and the res judicata effect of the above lawsuit extends to the defendant, it cannot be deemed that there is no benefit to confirm the lawsuit of this case, and thus the judgment of the court of first instance

The plaintiff's lawsuit of this case has interest in confirmation.

In this case where only the plaintiff appealed, the court of first instance cannot render a judgment dismissing the plaintiff's claim because it was disadvantageous to the plaintiff who is the appellant under the principle of prohibition of disadvantageous alteration. Therefore, the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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