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(영문) 청주지방법원 2018.07.11 2018나5899
토지소유권확인
Text

1. The plaintiff's appeal is dismissed.

2. Of the instant lawsuit, the ancillary claim added by the court.

Reasons

1. The reasoning of the judgment of this court as to the legitimacy of the main claim among the instant lawsuit is as stipulated in Article 420 of the Civil Procedure Act, and the reasoning of the judgment of this court is as is indicated in this part.

2. We examine, ex officio, as to the legitimacy of the conjunctive claim part of the instant lawsuit, as to the legitimacy of the conjunctive claim part of the instant lawsuit

A lawsuit for confirmation is permitted when there is a legal interest immediately to determine the existence of present rights or legal relations. A lawsuit for confirmation of document authenticity is about whether the document alone proves the rights or legal relations is authenticly prepared by the person under whose name the document was prepared (see, e.g., Supreme Court Decision 88Da4710, Feb. 14, 1989). In this case, the plaintiff is not entitled to a lawsuit for confirmation as to whether the contents in the document are consistent with objective truth (see, e.g., Supreme Court Decision 88Da4710, Feb. 14, 1989). In this case, the plaintiff's old forest register concerning the forest land of this case (No. 1; hereinafter referred to as "the forest register of this case") was prepared at the time of 1975 or 1918, stating the date of processing "198," and based thereon, it was prepared in the future of the State (the Office of Forestry) based on which the plaintiff had no authority to make confirmation as to the original purport and the purport of this case.

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