1. The instant lawsuit shall be dismissed.

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

We examine ex officio the legitimacy of the instant lawsuit.

A lawsuit for confirmation is permissible when there is infresh and danger existing in the Plaintiff’s rights or legal status, and the obtaining of a judgment of confirmation is the most effective and appropriate means to resolve the dispute (see, e.g., Supreme Court Decision 2007Da69407, Dec. 14, 2007). There is no evidence to conclude that the Defendant has discharged the existence of the lien and its secured claim asserted by the Plaintiff (i.e., each entry in the evidence Nos. 4, 5 and 9, it is recognized that the Defendant prepared a confirmation document with the content that the Defendant recognizes the Plaintiff’s past claim and the lien), even if the highest bidder or the purchaser in the auction case of the real estate of this case has proved that the highest bidder or the purchaser has discharged the Plaintiff’s lien, the judgment of this case against the Defendant cannot affect the highest bidder or the purchaser

The lawsuit of this case is unlawful and dismissed.