1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 12, 2014, the Defendant filed a lawsuit against the Plaintiff as Seoul Western District Court 2014Gabu61662, and the service of a complaint against the Plaintiff was conducted by public notice, and the judgment in favor of the Plaintiff was rendered on December 12, 2014, and the said judgment became final and conclusive as it is.

(hereinafter referred to as the “instant obligation”) b. the obligation based on the above judgment.

The Plaintiff was granted immunity on November 27, 2015 by filing bankruptcy and application for immunity with the Cheongju District Court 2014Hadan692, 2014Ma692, and upon which the Plaintiff was granted immunity on November 27, 2015. The said decision became final and conclusive on December 12, 2015, and at the time, omitted the entry of the instant obligation in the list of creditors.

C. Based on the executory exemplification of the judgment regarding the claim for the transfer money stated in the above paragraph (a), the Defendant applied for a seizure and collection order as Cheongju District Court 2017TTTT 50160, and received a seizure and collection order from the above court on January 13, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination ex officio as to the legitimacy of the instant lawsuit

A. Since the Plaintiff’s assertion did not neglect the obligation of this case in bad faith on the list of creditors, the effect of exemption extends to the obligation of this case. Since the Defendant received a seizure and collection order based on the above judgment, it is necessary to confirm that the obligation of this case was exempted.

B. If a lawsuit seeking confirmation of the lawfulness of the instant lawsuit is lawful, there must be interests in confirmation as a requirement for protection of rights. The benefits of confirmation are recognized only when the Plaintiff’s right or legal status is at present unstable danger and the removal of such apprehension is the most effective and appropriate means to obtain a judgment against the Defendant.

The Defendant’s claim against the Plaintiff is a claim based on a final and conclusive judgment, which is an executive title, and the fact that the immunity was granted in the event there is an executive title as above is an executory power.