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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of a right, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment from the defendant to eliminate such apprehension or danger, in which the plaintiff's right or legal status exists, and the defendant's right or legal status is in danger.
The Defendant’s claim against the Plaintiff is a claim based on a final and conclusive judgment, which is the executive title, and the fact that immunity was granted in the event there is an executive title does not necessarily mean that the executive title loses its effect as a matter of course, but is merely an substantial reason to exclude the executive title through a lawsuit of objection.
(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). According to the Plaintiff’s statement at the date of pleading of the instant case, the Plaintiff appears to have filed the instant lawsuit in order to prevent compulsory enforcement based on the judgment stated in the purport of the claim, and did not expressly state the reasons for seeking confirmation of immunity.
Therefore, even if the plaintiff is confirmed to have the effect of immunity by judgment, the plaintiff's apprehension and risk that it can be forced from the defendant does not still be removed.
Therefore, the Plaintiff’s claim for confirmation of exemption cannot be deemed an effective and appropriate means to eliminate legal uncertainty and danger.
(In the case of a judgment of execution title, the grounds for objection can only be the case where the grounds for objection arose after the closing of argument. However, the time when the decision to grant immunity claimed by the Plaintiff becomes final and conclusive cannot be the grounds for objection as the grounds arising before the closing of argument in the final and conclusive judgment. Thus, the Plaintiff’s lawsuit of this case is unlawful, and thus, it is decided to dismiss it.