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.

In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to remove the plaintiff's rights or legal status in danger and danger.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing apprehension and danger in his/her 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 executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and 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.

(See Supreme Court Decision 2017Da17771 Decided October 12, 2017, etc.) In full view of the purport of the entire pleadings in the statement No. 4, the Defendant filed a lawsuit against the Plaintiff on August 21, 2013 by filing a claim for loans with the Gwangju District Court 2013Gau1085, the District Court 2013, which rendered a judgment that “the Plaintiff shall pay KRW 1,182,517 to the Defendant,” and the said judgment becomes final and conclusive around that time. In light of the foregoing legal doctrine, the Plaintiff’s filing of a lawsuit for confirmation of exemption of the instant case, which is not a lawsuit for objection to the claim against the Defendant, the obligee holding executive title, is unlawful as there is no benefit of confirmation.

(The plaintiff may file a lawsuit of objection with the Busan District Court. Accordingly, since the lawsuit of this case is unlawful, it is so decided as per Disposition by the assent of all participating Justices.