1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Plaintiff claims the reimbursement of loan against the Plaintiff, the heir of the deceased C (hereinafter “the deceased”) on the basis of the instant loan certificate (a evidence No. 1). However, the Plaintiff’s assertion that the above loan certificate was forged on the ground that the deceased, who was suffering from the pulmonary cancer disease at the time, did not have any reason to borrow a large amount of money. As such, it is necessary to eliminate the risks of legal status by stating that the above document was not duly formed. Thus, the Plaintiff asserts that the above confirmation is sought.

However, in order for a legal action to confirm the authenticity of a deed to be lawful, there is a benefit to seek confirmation of the authenticity of the document (see, e.g., Supreme Court Decision 2001Da53714, Dec. 14, 2001). In a case where a lawsuit is already instituted over a legal relationship to be proved by a document, it would be possible to resolve the dispute in the lawsuit, and thus, filing a lawsuit to confirm the authenticity of the document separately cannot be deemed to have the benefit of confirmation, barring special circumstances.

(2) In the case of this case, the defendant filed a lawsuit against the plaintiff and the lowest plaintiff on November 24, 2014, which had already been proved by the loan certificate of this case on June 14, 2007 (see Supreme Court Decision 2005Da29290, Jun. 14, 2007). The defendant filed a lawsuit against the plaintiff and the lowest plaintiff on November 24, 2014, which had already been proved by the loan certificate of this case, and the fact that the lawsuit was filed by the court is not disputed between the parties or is obvious to this court. Thus, it cannot be deemed that there is a benefit of confirmation only to confirm the authenticity of the loan certificate of this case, separate from the dispute to be resolved in

Therefore, the lawsuit of this case is unlawful and thus it is decided as per Disposition.