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(영문) 춘천지방법원강릉지원 2017.04.19 2016가단8042
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed, as a result, the parties cannot dispute whether a document verifying legal relations is authentic or not, and as a result, the dispute itself concerning legal relations or at least contributed to the resolution of the dispute itself. Therefore, in order for a lawsuit to verify the authenticity of a deed to be lawful, there is a benefit to seek confirmation of the authenticity of the document.

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

(See Supreme Court Decision 2005Da29290 Decided June 14, 2007). The attached sales ledger (hereinafter “instant certificate”) is merely a part of filing a carbon with an investigative agency, and when the authenticity of the document becomes final and conclusive, it is difficult to deem that the dispute itself is resolved on legal relations or at least a significant help in resolving the dispute itself. Moreover, since it is recognized that C filed a lawsuit against the Plaintiff on the claim for a loan, such as the content of the instant certificate, and it is recognized that it continues to exist as Chuncheon District Court Branch Branch 2016Na1042, it is unlawful as there is no benefit in confirmation.

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