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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the cause of the Plaintiff’s claim is that the Defendant acquired the Plaintiff’s property by forging the power of delegation on the attached document (hereinafter “instant power of delegation”) after setting up the right to collateral security on the land and two parcels of land owned by the Plaintiff and then cancelling the said right of delegation.
Accordingly, the Plaintiff’s claim was filed in order to eliminate the risks of its legal status.
2. The defendant's defense of this case does not have the risk of legal status asserted by the plaintiff, and the lawsuit of this case is unlawful as there is no benefit of confirmation.
On the other hand, a lawsuit for confirmation of the authenticity of a deed is a lawsuit to confirm whether the document was forged or altered unless it was prepared by the person in whose name the document was prepared, and the independent lawsuit is allowed for confirmation of the fact, which is the authenticity of the document, because the authenticity of the document is the reason that the authenticity of the document is not disputed between the parties when the judgment becomes final and conclusive, the dispute itself concerning the legal relationship which the document proves is likely to be resolved or at least to contribute to the resolution of the dispute (see Supreme Court Decision 2005Da29290, Jun. 14, 2007). The plaintiff claims that the power of attorney of this case caused property damage due to the forgery of the power of attorney of this case. Accordingly, the authenticity of the power of attorney of this case becomes final and conclusive, and it is necessary to confirm the right or legal relationship concerned by seeking compensation for damage, etc. to eliminate the legal uncertainty.
As such, there is no interest in the lawsuit of this case immediately.
I would like to say.
3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.