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(영문) 춘천지방법원속초지원 2014.11.28 2014가단1654
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

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 with respect to legal relations or at least contributed to 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 the confirmation of the authenticity of

In a case where a lawsuit has already been filed over a legal relationship to be proved by a document, the dispute can be settled, and thus, the filing of a lawsuit to confirm the authenticity of such document separately does not have the benefit of confirmation, unless there are special circumstances.

(See Supreme Court Decision 2005Da29290 Decided June 14, 2007). Further, a lawsuit for confirmation of the authenticity of a deed is not allowed for confirmation as to whether the document solely proves the right or legal relationship was prepared by the person under whose title the document was prepared, and whether the contents written therein are consistent with objective truth (see, e.g., Supreme Court Decision 88Da4710, Feb. 14, 1989). In this case, the plaintiff seeks confirmation that the defendant's confirmation document submitted by C to the Daegu District Court as evidence No. 17-1 in the claim for damages lawsuit (Evidence No. 1 of this case) was not a document duly formed on the ground that the false statement was made, and therefore, in light of the above legal principles, even if the plaintiff's assertion itself is based on the above confirmation document, the lawsuit for confirmation of the authenticity of the above document should be proved separately from the lawsuit for confirmation of the authenticity of the facts in this case.

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