1. The instant lawsuit shall be dismissed.

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

1. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A. Article 250 of the Civil Procedure Act provides, “The lawsuit for confirmation may also be instituted in order to determine whether or not the document verifying the legal relationship is authentic.” Thus, the document that is the object of the lawsuit to confirm whether or not the document is authentic is limited to the document directly proving the legal relationship, and “the document proving the legal relationship” means the document that can directly prove the existence or absence of a specific legal relationship from the content stated.

In order for a lawsuit to confirm the authenticity of a deed to be lawful, there should be a benefit to seek a confirmation of the authenticity of the document. In a case where a lawsuit is already instituted over the legal relationship to be proved in a document, the dispute can be resolved in the lawsuit, and thus, a separate lawsuit to confirm the authenticity of the document does not have benefit of confirmation, barring special circumstances.

(1) A lawsuit for confirmation of the authenticity of a deed is not instituted on the part of the person who prepared the document, as to whether the document solely proves the rights or legal relations was authenticly prepared by the person who prepared the document (see, e.g., Supreme Court Decisions 88Da4710, Feb. 14, 1989; 2001Da53714, Dec. 14, 2001). In addition, a lawsuit for confirmation of the authenticity of a deed is not allowed as to whether the contents written in the document are consistent with objective truth (see, e.g., Supreme Court Decisions 88Da4710, Feb. 14, 1989; 2001Da53714, Dec. 14, 200

B. (See, e.g., Supreme Court Decision 92Da23872, Dec. 8, 1992).

Judgment

1. The Plaintiff is seeking confirmation of “the fact that the Plaintiff received the price of the land C and D on behalf of the Plaintiff, the owner of the land, on behalf of the Plaintiff.” However, this is merely seeking simple factual verification in the past, and specific rights or legal relations.