1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 29, 2005, the Defendant filed a lawsuit against the Plaintiff, C and D for the claim for construction cost, etc. with the Daegu District Court.

On January 12, 2007, the Daegu District Court rendered a judgment in favor of the Defendant jointly and severally with the Plaintiff and C on January 12, 2007, which included the purport that the Plaintiff and C shall pay KRW 30 million and damages for delay thereof. The above judgment became final and conclusive on February 21, 2007.

(hereinafter “the final judgment of this case”). (b)

On February 3, 2009, the Plaintiff filed an application for immunity for personal bankruptcy and immunity with the Daegu District Court (2009Haak70, 2009Haak770, 2009 770), and the above court rendered immunity to the Plaintiff on February 3, 2010.

(Confirmation on the 18th day of the same month). However, in the case of bankruptcy and application for immunity, the Plaintiff did not report obligations based on the final judgment of this case, and the Defendant’s above claims were not included in the list of creditors.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, 4, and 6, the purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

The benefit of confirmation, which is a legitimate requirement for confirmation, is not recognized solely by the fact that there is a dispute over legal relations between the plaintiff and the defendant, but it is recognized as the most effective and appropriate means to determine the plaintiff's legal status as a confirmation judgment to eliminate the anxiety risk when the plaintiff's legal status is in

On the other hand, immunity under the Debtor Rehabilitation and Bankruptcy Act became final and conclusive.

Even if executive titles are not naturally invalidated, and if it is intended to exclude executive titles, a lawsuit of objection shall be filed against the claim.

(See Supreme Court Order 2013Ma1438 Decided September 16, 2013). The Plaintiff filed the instant lawsuit by concerns over the exercise of the Defendant’s claim based on the final judgment of the instant case. The purpose pursued by the Plaintiff by the instant lawsuit is to prevent compulsory execution based on the final judgment.

The Plaintiff’s purpose is the Plaintiff.