증서진부확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 15, 2012, the Plaintiff asserts that on October 15, 2012 between the Defendant and C, the real estate lease agreement (hereinafter “instant lease agreement”) is a forged document and seeks confirmation of the establishment of the authenticity against the Defendant. Accordingly, the Defendant asserts that the said lawsuit is unlawful as there is no benefit of the Plaintiff’s confirmation.
2. Article 250 of the Civil Procedure Act permits the defendant to file a lawsuit seeking confirmation of the authenticity of a document to verify the authenticity of the document, as a result, when the authenticity of the document verifying the legal relationship becomes final and conclusive, the parties can no longer dispute as to the authenticity of the document, and thus, the dispute itself concerning the legal relationship or at least contributed to the resolution of the dispute itself. Therefore, in order to legally confirm the authenticity of a lawsuit seeking confirmation of the authenticity of the document, there is a
(Supreme Court Decision 2005Da29290 Decided 14, 2007). In a lawsuit for confirmation, the benefit of confirmation is required as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment is rendered at the time of most effective and appropriate means to remove the Plaintiff’s right or legal status unstable danger. Thus, in a lawsuit for confirmation, a person who causes or is likely to cause unstable danger in the Plaintiff’s right or legal status is qualified as the Defendant.
(1) In light of the legal relationship between the Plaintiff and the Defendant, the legal relationship between the Plaintiff and the Defendant on the instant lease agreement (No. 1, 2006Da68650, Oct. 29, 2007) and the Plaintiff on the instant lease agreement (No. 1, 2006Da68650, the Plaintiff’s actual confirmation) was entered in the agreement, and the legal relationship between the Plaintiff and the Defendant on the said document was entered in the agreement.
Therefore, the defendant's right or document is the plaintiff's right.