The legality of a lawsuit seeking confirmation of the authenticity of the contract and the contract;

In a lawsuit for confirmation, the subject of confirmation shall be limited to the present rights or legal relations, and to seek confirmation of facts or verification of authenticity of documents shall be deemed unlawful as a lawsuit for confirmation. Therefore, a lawsuit seeking confirmation of the authenticity of a sales contract party and a sales contract shall be unlawful.

Article 228 of the Civil Procedure Act

Plaintiff

Defendant 1 and one other

Seoul High Court Decision 86Na4264 delivered on March 24, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

In a lawsuit for confirmation, the object of confirmation is limited to the present rights or legal relations, and to seek confirmation of facts or confirmation of authenticity of documents is illegal as a lawsuit for confirmation.

In light of the records, it is reasonable to view the first instance court’s rejection of the instant lawsuit seeking confirmation as to the authenticity of the parties to a sales contract and a sales contract for its unlawful reason and the lower court’s maintenance thereof, and there is no error of law, such as the theory of lawsuit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-dong (Presiding Justice)