증서진부확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts that since the defendant forged the net C's loan certificate (No. 3) in the name of the deceased C, delivered it to D and filed a claim for the loan against D against the plaintiff who is the heir of the deceased C, the plaintiff asserts that it is necessary to remove the risks of legal status by clarifying that the loan certificate in this case was not actually formed.
However, in accordance with the plaintiff's assertion and the statement of the loan certificate of this case, since the creditor on the loan certificate of this case is not a defendant since the creditor on the loan certificate of this case is not a defendant, the actual verification of the loan certificate of this case against the defendant is not an appropriate means to eliminate the risks and apprehensions of legal status of the plaintiff.
Furthermore, on November 24, 2014, prior to the filing of the instant lawsuit, D filed a lawsuit claiming payment of the loan with the Plaintiff, etc. by the instant loan certificate with the Incheon District Court 2014Gahap13613, and the appellate trial (Seoul High Court 2015Na2074372) is underway, there is no dispute between the parties, or there is no special circumstance to confirm the authenticity of the instant loan certificate separately from the said lawsuit.
Thus, the lawsuit of this case is dismissed as it is unlawful because there is no benefit of confirmation.