The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. We examine whether the benefit of confirmation is the benefit of confirmation ex officio.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment for confirmation is the most effective and appropriate means to remove the Plaintiff’s rights or legal status in danger and danger (see, e.g., Supreme Court Decision 2006Da68650, 68667, Feb. 9, 2007). Notwithstanding the confirmation of immunity on a bankrupt debtor, in cases where a certain claim is disputed whether a non-exempt claim is a non-exempt claim, the obligor may, by filing a lawsuit for confirmation of immunity, eliminate the current apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect 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 existing apprehension and danger in the legal status

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(See Supreme Court Decision 2017Da17771 Decided October 12, 2017). The instant lawsuit was brought for the purpose of preventing compulsory execution by obtaining confirmation that a claim based on the judgment that the Plaintiff became final and conclusive (so-called a claim for exemption) was a claim for exemption. The most effective and appropriate means to prevent compulsory execution procedures are filing a lawsuit seeking objection, and the execution of the final and conclusive payment order cannot be excluded by itself from the enforcement of the final and conclusive payment order. Therefore, the instant lawsuit is unlawful on the grounds that there is no benefit of confirmation.

2. Conclusion, the instant lawsuit is brought.