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(영문) 춘천지방법원속초지원 2017.08.08 2017가단72
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The reason why Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed is that, as a result, the parties may no longer dispute as to the authenticity of a document verifying the legal relationship if it becomes final and conclusive, the dispute itself concerning legal relations or at least the dispute itself is significantly helpful for the resolution of the dispute itself. Therefore, in order to legally confirm the authenticity of a lawsuit to confirm the authenticity of a deed, there is a benefit to seek

(2) In light of the records, the Plaintiff and the Defendant do not have any dispute as to the fact that the execution note of this case was duly prepared by the Defendant, i.e., the following circumstances acknowledged by the records (see, e., Supreme Court Decision 2005Da29290, 29306, Jun. 14, 2007). In light of the following, there is no benefit to seek confirmation of the fact that the execution note of this case was duly formed by the Defendant.

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

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