1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the first instance, and thus, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, in addition to adding "(d) above notarial deeds stating "if a debtor and a joint guarantor fail to perform a monetary obligation under this contract, they shall immediately be subject to compulsory execution, even if they are subject to compulsory execution."

2. We examine, ex officio, whether the instant lawsuit is lawful or not.

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.

In relation to the creditor with executive title as 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 current apprehension and danger in the legal status. In such a case, seeking the confirmation of discharge is not a final resolution method of dispute, and it is unlawful because there is

(See Supreme Court Decision 2017Da17771 Decided October 12, 2017). Examining these legal principles, the said notarial deed becomes an executive title for the instant obligation pursuant to Article 56 Subparag. 4 of the Civil Execution Act. As such, seeking the confirmation of exemption from the Defendant, who holds an executive title, is not a final resolution method of dispute, and thus cannot be deemed as having benefit in confirmation to the Plaintiff, and the instant lawsuit, which has no benefit in confirmation, is unlawful.

3. In conclusion, the lawsuit of this case is unlawful, and the judgment of the court of first instance which rendered a judgment on the merits against an illegal lawsuit is unfair.