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(영문) 춘천지방법원속초지원 2016.09.13 2016가단280
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Defendant obtained a certificate of personal seal impression on behalf of the Plaintiff without the Plaintiff’s permission and used it without permission. As such, the Plaintiff sought confirmation that the certificate of personal seal impression issued on February 25, 2014 was not a true official document.

2. We examine the interest in the confirmation of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Article 250 of the Civil Procedure Act provides that “A lawsuit for confirmation of legal relations may also be instituted in order to determine whether or not the document verifying legal relations is authentic.” Thus, a document that is the object of a lawsuit seeking confirmation of authenticity of a deed is limited to a document directly proving legal relations, and “a document proving legal relations” means a document that directly proves the existence or absence of a specific legal relationship from the contents stated therein.

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, etc.). In other words, a lawsuit for the confirmation of the 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 with respect to the confirmation of the fact, which is the authenticity of the document, as such, by a judgment, to the effect that the authenticity of the document becomes final and conclusive, the document’s authenticity is not disputed between the parties.

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