logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.03.23 2016가단17760
부동산 보증서 허위 사실 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Although the Plaintiff’s assertion E purchased the real estate indicated in the separate sheet (hereinafter “instant real estate”) from the network F on December 10, 1981, the Defendants drafted each guarantee letter stating that “the network E purchased the instant real estate from the network F on April 1, 2006,” on December 10, 2006 (hereinafter “each guarantee letter”).

On April 7, 2006, the network E submitted an application for issuance of each letter of confirmation attached to each of the certificates of this case at Kim Sea and confirmed purchase, and completed the registration of ownership transfer concerning the real estate of this case in accordance with the Act on Special Measures for the Registration of Ownership Transfer.

As one of the co-inheritors of the network E, the Plaintiff sought confirmation that the application for issuance of each of the instant guarantee certificates and each of the confirmation certificates confirmed by Kimhae-si is false, which is for cancellation of the registration of transfer of ownership of the real estate in the name of the network E, and there is a benefit of such confirmation.

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

(See Supreme Court Decision 2005Da29290 Decided June 14, 2007, etc.). In addition, the lawsuit for confirmation of authenticity of a deed is related to whether a document verifying legal relations was authenticly prepared by the person who prepared the document, and there is no lawsuit for confirmation as to whether the content in the document is consistent with objective truth (see, e.g., Supreme Court Decision 88Meu4710, Feb. 14, 1989). Each of the instant guarantee certificates and each of the written applications for issuance of confirmation confirmed by Kim Jong-si are the Defendants.

arrow