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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 Plaintiff’s assertion asserts that the Defendant, on May 20, 2016, caused damage to the Plaintiff by drawing up the instant certificate with false permission and delivering it to the head of Gangseo branch office of the Korea Workers’ Compensation and Welfare Service, thereby filing a lawsuit for confirmation of the authenticity of the instant certificate.
2. Determination
A. A lawsuit for confirmation of the authenticity of a deed is not allowed, since it is related to whether a document proving the right or legal relation was prepared solely by the person under whose name the document was prepared, and whether the contents written in the document are consistent with objective truth (see Supreme Court Decision 88Meu4710, Feb. 14, 1989).
However, the instant confirmation document is not a document stating the facts related to the disaster that the disaster victim designated as the Plaintiff, and is not a document evidencing the rights or legal relations. The Plaintiff’s assertion is merely an error of the objective truth, and thus, such a lawsuit is not allowed.
3. The instant lawsuit is unlawful and thus dismissed.