증서진부확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
ex officio, we examine the legitimacy of the instant lawsuit.
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 that 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 proving legal relations” means a document that can prove the existence or absence of a specific legal relationship directly from the content of the document.
(Supreme Court Decision 2005Da29290 Decided 14, 2007). However, the confirmation of facts stated in the purport of the claim that the Plaintiff seeks confirmation of the authenticity of the petition (which refers to a confirmation of facts stated in the attached Form) is merely a document confirming a previous fact, and it does not constitute a document that can prove the existence of a legal relationship directly from the content thereof, and thus, it cannot be the subject of a lawsuit seeking confirmation of the authenticity of the deed.
Therefore, the lawsuit of this case shall be dismissed as it is unlawful, and the judgment of the court of first instance is just with this conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.