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(영문) 대구지방법원안동지원 2015.07.22 2015가단2089
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

As a final decision to grant immunity to the Plaintiff, the Plaintiff asserts that the obligation to pay principal and interest on the payment order in the court 2015Hu91 filed by the Defendant was exempted from the obligation, and sought confirmation of objection. We examine the legality of the instant lawsuit prior to the judgment on the merits.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation shall be recognized only when it is the most effective means to obtain a judgment against the defendant to eliminate such apprehension or danger in the plaintiff's rights or legal status.

In the case of this case, the purpose of the lawsuit by the plaintiff is to exclude the defendant from enforcing compulsory execution against the plaintiff's property by designating the above payment order as the executive title, and the defendant has the executive title confirmed as to the debt of this case. Thus, if the debt of this case is exempted from liability, the plaintiff as the plaintiff must seek the exclusion of executive force of the above executive title through the lawsuit of objection.

In addition, the plaintiff's seeking confirmation of exemption against the defendant cannot be seen as an effective and appropriate means to eliminate the plaintiff's legal instability, and thus, the benefit of confirmation is not recognized.

Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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