1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

The reason why Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed is that, as a result, the parties may no longer dispute as to the authenticity of a document verifying the legal relationship if it becomes final and conclusive, the dispute itself with respect to legal relations or at least contributed to the resolution of the dispute itself. Therefore, in order to legally confirm the authenticity of a lawsuit to confirm the authenticity of a deed, there is a benefit to seek confirmation of the authenticity of

However, in a case where a lawsuit has already been filed over a legal relationship to be proved by a certain document, the dispute can be settled, and thus, the filing of a lawsuit to confirm the authenticity of the document separately does not have the benefit of confirmation, barring special circumstances.

(See Supreme Court Decision 2005Da29290 Decided June 14, 2007). Further, a lawsuit for confirmation of the authenticity of a deed is not allowed for confirmation as to whether the document solely proves the right or legal relation was prepared by the person under whose name the document was prepared, and whether the content stated in the document is consistent with objective truth (see, e.g., Supreme Court Decision 88Da4710, Feb. 14, 1989). Regarding this case, a health care unit, and the Plaintiff seeks confirmation as to the document prepared by the Defendant (hereinafter referred to as “instant report material”) submitted by C as evidence 8-1 in the lawsuit for damages of this case, on the ground that the document was prepared by C’s oral statement and false. However, even according to the Plaintiff’s assertion, it is already underway over the legal relationship that should be proved in connection with the above document, and thus, the Plaintiff seeks confirmation as to the said document separately from the lawsuit.