1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where certain claims are disputed as non-exempt claims, the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the danger of present in the rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of enforcement force based on the effect of the discharge becomes an effective and appropriate means to eliminate the present danger in the legal status

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(Supreme Court Decision 2017Da17771 Decided October 12, 2017). According to the records of this case, it is recognized that the Defendant has a title of execution with respect to the Plaintiff’s obligation to claim discharge (the Changwon District Court Kim Young-si Court Decision 2009Da44111). Thus, the Plaintiff’s filing a lawsuit of objection against the above payment order and seeking the confirmation of discharge through the instant lawsuit without seeking the exclusion of executory power cannot be deemed an effective and appropriate means to eliminate legal instability risks.

Therefore, the lawsuit of this case is dismissed as it is unlawful because there is no benefit of confirmation.