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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 gist of the Plaintiff’s assertion is the deceased C’s spouse.
The net C was the last holder of each of the instant checks, but it seems that each of the checks was lost.
Although the Plaintiff requires the Defendant’s certificate of the personal seal impression to obtain the nullification judgment regarding each of the instant checks through the public summons procedure, the Defendant’s refusal to issue the check. As such, the Defendant’s request for the confirmation of the issuance of each of the said checks.
2. We examine the legitimacy of the instant lawsuit for ex officio determination, and the subject matter of confirmation in the lawsuit for confirmation shall be the present rights or legal relations, and the factual relations cannot be the subject matter. The instant lawsuit seeking confirmation of the identity of the Defendant by the drawer of each of the instant checks is unlawful as it seeks confirmation of facts, not the rights or legal relations.
3. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.