증서진부확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the cause of the claim is that the Plaintiff, without the Plaintiff’s permission, forged the Plaintiff’s seal imprint and resident registration certificate and exercised the Plaintiff’s certificate with the Plaintiff’s certificate of personal seal impression issued. As such, the Plaintiff sought confirmation that the certificate of personal seal impression issued on November 29, 2006 from the early viewing did not constitute a true
2. The defendant's judgment on the main defense of this case does not dispute that there is no benefit to seek confirmation of whether the lawsuit of this case is a petition, and we examine this.
Article 250 of the Civil Procedure Act provides that “A lawsuit for confirmation of legal relations 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 seeking confirmation of authenticity of a deed is limited to a document directly proving legal relations, and “a document proving legal relations” means a document that directly proves the existence or absence of a specific legal relationship from the contents stated therein.
In addition, Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed, as a result, no longer dispute may be raised as to whether a document verifying the authenticity of the deed becomes final and conclusive, and as a result, the dispute itself concerning legal relations or at least contributed to the resolution of the dispute itself. Therefore, in order to confirm the legitimacy of a lawsuit to confirm the authenticity of the deed, there is a benefit to seek confirmation of the authenticity of the document.
(see, e.g., Supreme Court Decision 2005Da29290, Jun. 14, 2007). In other words, a lawsuit for confirmation of the authenticity of a deed is a lawsuit for confirmation of whether a document was forged or altered unless it was prepared by the person who prepared the document, and the independent lawsuit is allowed with respect to the confirmation of the fact, which is the truth of the document, as such, by a judgment, that is, the party concerned.