증서진부확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Article 250 of the Civil Procedure Act provides, “A lawsuit for confirmation may also be instituted in order to determine whether or not the document verifying legal relations is authentic.” Thus, a document which is the object of a lawsuit to confirm whether or not the document is authentic is limited to a document directly proving legal relations, and “a document certifying legal relations” means a document which directly proves the existence or absence of a specific legal relationship from the content of the document.
(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the authenticity of a document, and thereby exceeding the bounds of the principle of free evaluation of evidence, and by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal.
(2) In light of the aforementioned legal principles, the Plaintiff cannot be deemed to have any legal relationship between the Plaintiff and the Defendant, even if the authenticity of the document of this case is confirmed, and thus, the Plaintiff cannot be deemed to have any legal relationship between the Plaintiff and the Defendant, and thus, the Plaintiff cannot be deemed to have any legal relationship between the Plaintiff and the Defendant. As such, there is no benefit to seek confirmation as to the authenticity of the document of this case as to whether the document of this case is authentic.
Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.