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(영문) 춘천지방법원속초지원 2017.11.14 2016가단1030
증서진부확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the “real estate sales contract” (hereinafter “instant sales contract”) was forged.

In light of the description of the evidence No. 4, C, other than the Plaintiff, appears to have prepared a sales contract of this case with the Defendant under the Plaintiff’s name.

However, it is reasonable to view that the instant sales contract was duly concluded by the Plaintiff in light of the following circumstances, which are: (a) the Plaintiff stated that C prepared the instant sales contract with the Plaintiff’s consent; (b) the Plaintiff was issued a certificate of personal seal impression for real estate sales with the real estate purchaser as the Defendant on May 4, 2012, which was around the date of the preparation of the instant sales contract; and (c) the Plaintiff sent to the Defendant a certificate of content seeking the payment of the purchase price under the instant sales contract on the premise that the instant sales contract was duly established around 2016, on the premise that the instant sales contract was duly established.

Therefore, we cannot accept the plaintiff's above argument.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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