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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The grounds for the plaintiff's claim are as shown in the annexed sheet.
2. Determination:
A. In a lawsuit for confirmation, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant to eliminate the apprehension or risk of the plaintiff's rights or legal status. Thus, the defendant of the lawsuit for confirmation is a person likely to cause apprehension or risk in the plaintiff's legal status by dispute over the plaintiff's rights or legal relation, and there is a benefit of confirmation against such defendant.
I would like to say.
In addition, the execution court shall commence the distribution procedure when the garnishee has deposited the execution (Article 252 subparagraph 2 and Article 248 of the Civil Execution Act), and the distribution is made according to the legal judgment of the execution court on the priority order of the claim in the distribution procedure commenced, and only the parties dissatisfied with the judgment can dispute by means of a lawsuit of demurrer against distribution, etc.
B. In light of the above legal principles, according to the health class, Gap evidence No. 7, the Seoul Special Metropolitan City deposited KRW 2,157,347,210 as Seoul Central District Court No. 2016, 2016, based on Article 248(1) of the Civil Execution Act on August 11, 2016 on the ground that the seizure of claims for refund against the Seoul Special Metropolitan City Co., Ltd. was concurrent. Since the deposit of this case is an execution deposit, the parties who are dissatisfied with the distribution procedure of the executing court can only dispute by means of a lawsuit of demurrer against distribution, etc., and seek confirmation of the claim for payment of the deposit of this case by separate lawsuit is inappropriate and round-up dispute resolution method, and thus, the lawsuit of this case is unlawful as there is no benefit of confirmation.
C. Therefore, the instant lawsuit is unlawful and dismissed.