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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Where the authenticity of the instant lawsuit is determined by a determination suit as to the lawfulness of the instant lawsuit, but the legal relationship to be proved and the apprehension of legal status cannot be removed, it is unlawful as there is no immediate benefit of confirmation, as there is no benefit of confirmation.
(See Supreme Court Decision 91Da15317 delivered on December 10, 1991). The Plaintiff asserts that the Defendant forged the sale contract written in the purport of the claim and recognized the Plaintiff’s assertion, the Plaintiff would claim a return of unjust enrichment of KRW 150,000,000 or a claim for damages.
The plaintiff is present at this court and recognizes the fact that the unmanned on the sales contract is his own unmanned.
Even if the truth of the contract for sale in lots has become final and conclusive, it cannot be seen that the uncertainty of legal relationship or legal status between the plaintiff and the defendant is resolved
The core of a dispute is the loss or invalidity of a contract for sale in lots, so the plaintiff is immediately filing a return of unjust enrichment or a lawsuit for damages, and it is not a lawsuit to confirm the truth of the deed of this case.
The instant lawsuit is unlawful as it has no immediate interest in confirmation.
2. The instant lawsuit is dismissed.