1. The instant lawsuit shall be dismissed.

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

The Plaintiff seeks confirmation of invalidity of the provisional attachment order stated in the claim that can serve as a ground for interruption of prescription, on the premise that the Defendant’s claim for management expenses (hereinafter “ separate management expenses lawsuit”) was asserted in the Changwon District Court 2020Gaso5263, the Military Court 200 which was brought by the Defendant against the Plaintiff (hereinafter “ separate management expenses lawsuit”).

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized as the most effective and appropriate means to obtain a judgment of confirmation in order to eliminate the Plaintiff’s rights or legal status and the apprehension and danger. The Plaintiff’s claim for confirmation becomes subject to a judgment by asserting within the separate procedure for administrative expenses pending in the lawsuit. Thus, there is no benefit of confirmation to institute the lawsuit of this case separately.

Thus, the lawsuit of this case is unlawful as there is no benefit of confirmation, and its defect cannot be corrected. Thus, it is decided to dismiss it without holding any pleading pursuant to Article 219 of the Civil Procedure Act. It is so decided as per Disposition.