면책채권확인(예비적:청구이의)
1. The part concerning the claim for confirmation of immunity in the lawsuit of this case is dismissed.
2. The defendant's notary public against the plaintiff.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);
2. We examine ex officio the dismissed part of the instant lawsuit as to the legitimacy of the claim for the confirmation of exemption.
A lawsuit for confirmation is recognized in the case where it is the most effective and appropriate means to determine it as a confirmation judgment in order to eliminate such apprehensions when the legal status of the plaintiff is unstable.
However, as described in paragraph (2) of this case, the Plaintiff may directly remove the risk of apprehensions by claiming against the Defendant for the exclusion of executory power over the notarial deed of this case. Thus, seeking additional confirmation of exemption from liability based on the notarial deed of this case cannot be deemed as the most effective and appropriate means in removing the present apprehensions or risks.
Therefore, the part of the claim for confirmation of immunity in the lawsuit of this case is dismissed as it is unlawful because there is no benefit of confirmation.