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.
1. The Defendant asserted that the Plaintiff and C were living together with the Plaintiff and submitted a false certificate of the purport of the claim (hereinafter “instant certificate”) to the Chuncheon District Court’s 2014Kadan2749 case.
If the plaintiff confirms that the content of the certificate of this case is not true, he shall file a civil or criminal lawsuit against the defendant and take economic benefits.
Therefore, the plaintiff has reached the claim of this case to remove the risks of its legal status.
2. A lawsuit for confirmation of the authenticity of a judgment is not allowed, unless it is so determined that the document solely proves the right or legal relation is prepared by the person under whose name the document was prepared, and a lawsuit for confirmation as to whether the contents recorded in the document are consistent with the objective truth is not allowed (see, e.g., Supreme Court Decisions 88Meu4710, Feb. 14, 1989; 91Da15317, Dec. 10, 1991). The Plaintiff’s claim for confirmation that the contents of the certificate of this case are false is not the assertion itself, but the Plaintiff’s claim for confirmation as to whether the contents recorded are consistent with the objective truth, and is not the subject of lawsuit for confirmation of the authenticity of the deed.
3. As such, the lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.