logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원속초지원 2015.11.24 2015가단2098
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The summary of the cause of the Plaintiff’s claim E forged the Plaintiff’s power of attorney on March 13, 2007 (hereinafter “instant power of attorney”) and exercised it with the Plaintiff’s certificate of personal seal impression issued.

Accordingly, we seek to confirm that the power of attorney is not a document duly formed.

2. The defendant asserts that the lawsuit of this case is unlawful as there is no benefit of confirmation.

On the other hand, 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 the document directly proving the legal relations, and the “document proving the legal relations” means the document that directly proves the existence or absence of a specific legal relationship from the content of the statement.

In addition, Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed, as a result, no longer dispute may be raised as to whether a document verifying the authenticity of the deed becomes final and conclusive, and as a result, the dispute itself concerning legal relations or at least contributed to the resolution of the dispute itself. Therefore, in order to confirm the legitimacy of a lawsuit to confirm the authenticity of the deed, there is a benefit to seek confirmation of the authenticity of the document.

(See Supreme Court Decision 2005Da29290 Decided June 14, 2007). In other words, a lawsuit for confirmation of authenticity of a deed is a lawsuit to confirm whether a document was forged or altered unless it was prepared by the person under whose name the document was prepared, and an independent lawsuit is allowed for confirmation of the fact, which is the truth that is the truth of a document’s authenticity, is final and conclusive by a judgment, the authenticity of the document between the parties is disputed.

arrow