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(영문) 서울동부지방법원 2015.04.24 2014가단38235
증서진부확인의소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Litigations for confirmation of the judgment on this safety defense are allowed when there are legal interests to be immediately confirmed as to the existence of present rights or legal relations. "Lawsuits for confirmation of the authenticity of a deed" under Article 250 of the Civil Procedure Act is about whether only a document evidencing the rights or legal relations has been prepared by the person who prepared it, and no lawsuit for confirmation is allowed as to whether the contents in the document are consistent with the objective truth (see, e.g., Supreme Court Decision 88Meu4710, Feb. 14, 1989). Thus, the plaintiff's claim in the above purport of claim is not about whether the document is prepared by the person who prepared it, but about whether the contents in the document (date of preparation) are consistent with the objective truth. Thus, no lawsuit for confirmation is allowed.

The defendant's defense pointing this out has merit.

2. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

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