Article 228 of the Civil Procedure Act, the nature of a lawsuit to confirm the authenticity of a deed

The document that is the object of a lawsuit for confirmation of the authenticity of a deed shall be limited to the document that directly verifies the legal relationship, so the balance sheet or the accounting settlement of the union can not be the object of lawsuit for confirmation of the authenticity of the business and property status of the union.

Article 228 of the Civil Procedure Act

Plaintiff

Defendant

Seoul High Court Decision 65Na1624 decided September 28, 1966

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Judgment on the Plaintiff’s Grounds of Appeal

The truth of the document under Article 228 of the Civil Procedure Act is about whether the document was prepared by the title holder, and since it is not about whether the contents written in the document are substantially consistent with objective truth, the document which is the object of a lawsuit for confirmation of truth is limited to the document directly proving legal relations. In this case, if the plaintiff is the object of a lawsuit for confirmation of truth of this case by the records, the balance sheet of the Samwon Housing Association from February 28, 1958 to March 19, 1959, the balance sheet of the above association from March 26, 1959 as of August 26, 1959, the accounting settlement report of the above association and the accounting settlement report of the same contents (the plaintiff asserts that the non-party, who was the head of the association of the association of the association of the union, has written the above statement of fact or the settlement of accounts of the same contents (the plaintiff's statement of fact that the above balance sheet or the settlement of accounts of the association of this case is just and reasonable, since it does not differ from the above written statement or the settlement of accounts.

Therefore, without examining the remaining grounds of appeal premised on the premise that the document is subject to lawsuit for confirmation of the authenticity of the deed, the appeal shall be dismissed, and the costs of appeal shall be borne by the plaintiff who is the losing party. It is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Justice) Na-dong, Ma-dong, and Ma-dong, the last Ma-man