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 was aware of the Plaintiff’s property by forging the attached proxy form (hereinafter “instant proxy form”) after establishing the right to collateral security on the land and two parcels of land owned by the Plaintiff.

Accordingly, the Plaintiff’s claim was filed in order to eliminate the risks of its legal status.

2. Determination

A. The lawsuit for confirmation of the authenticity of a deed is a lawsuit for confirmation of whether a document was forged or altered if the document was prepared by the person in whose name the document was prepared, and the independent lawsuit is allowed with respect to the confirmation of the fact, which is the authenticity of the document, on the ground that the authenticity of the document becomes final and conclusive by a judgment, the authenticity of the document itself is likely to be resolved by the dispute concerning legal relations or at least to contribute to the resolution of the dispute. Although the authenticity of the document seeking confirmation is final and conclusive, it is not possible to eliminate the uncertainty of the legal relationship or legal status that the document intends to prove, and if it is necessary to obtain the confirmation of the right or legal status itself in order to eliminate legal uncertainty, it is unlawful because there is no immediate interest in the confirmation (see, e.g., Supreme Court Decision 91Da15317, Dec. 10, 1991). If the defendant establishes the right to collateral security and seeks the confirmation of the legal relationship of the plaintiff's real estate and seeks the confirmation of it directly through the power of attorney.