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(영문) 춘천지방법원강릉지원 2019.07.09 2018재나218
증서진부확인
Text

1. The plaintiff's petition for retrial is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court.

On June 13, 2017, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit to confirm the authenticity of the deed with the Defendant (the Defendant for review; hereinafter “Defendant”) under the attached Form No. 2017Kadan1327 against the Chuncheon District Court’s territorial branch branch office 2017Kadan1327, stating that the document is not a document duly formed.

B. On September 12, 2017, the first instance court rendered a judgment dismissing the Plaintiff’s lawsuit (hereinafter “the first instance judgment”) on the ground that “The Defendant, etc. merely requested the Plaintiff to explain certain matters and does not directly prove the existence or absence of certain legal relations from the contents of the statement. Therefore, it cannot be the subject of a lawsuit seeking confirmation of the authenticity of the document. Moreover, even if the authenticity of the document is confirmed, the dispute on the legal relations between the Plaintiff and the Defendant itself cannot be deemed to have been resolved or to have great help to resolve the dispute itself, and there is no benefit to seek confirmation of the authenticity of the document itself.”

C. On May 15, 2018, the appellate court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “the judgment on review”) against the judgment of the first instance, and appealed by this court as 2017Na1421, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal.

As to the judgment subject to a retrial, the Plaintiff appealed by Supreme Court Decision 2018Da27577 Decided August 30, 2018, stating that “The design attached to the Defendant’s certificate of content (Peremptory Notice) affixed to the Defendant is not the Defendant’s seal but forged.” However, the final appeal was dismissed on September 3, 2018, and the judgment subject to a retrial was finalized on September 3, 2018.

2. The assertion and judgment

A. Although the design attached to the Plaintiff’s assertion that was signed and sealed by the Defendant was forged, the judgment subject to a retrial was neglected.

Therefore, it is true.

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