1. The instant lawsuit shall be dismissed.

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

1. The plaintiff, which caused the claim, omitted the obligation to the defendant at the time of his bankruptcy and application for immunity, and recently, became aware of the decision of the case of the seizure and collection order requested by the defendant.

Ultimately, the omission of debt at the time is not based on the plaintiff's bad faith, so the exemption confirmation is sought.

2. Judgment ex officio as to the legitimacy of the lawsuit

(a) For the benefit of confirmation in a lawsuit for confirmation of the relevant legal doctrine, there should be a danger proposal existing in the rights or legal status of the complainer according to the legal relationship, and it should be immediately finalized by the confirmation judgment subject to confirmation of the legal relationship in order to remove the risk proposal, and it should be the most effective and appropriate means.

Meanwhile, even if a decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive, and the obligor’s obligation is exempted, this does not necessarily mean that the enforcement title with respect to the exempted obligation naturally loses its effect. However, a claim objection suit is merely an substantive reason to exclude enforcement power of enforcement title.

(Supreme Court Order 2013Ma2429 Decided February 13, 2014, and Supreme Court Order 2013Ma1438 Decided September 16, 2013, etc. (see, e.g., Supreme Court Order 2013Ma1438, Sept. 16,

In the case of this case, the plaintiff brought an action for the purpose of preventing the procedure of compulsory execution by obtaining confirmation of the exemption of obligation against the defendant. The most effective means to prevent compulsory execution procedure is not confirmation of exemption, but the lawsuit for objection of claim.

Unless the plaintiff has gone through other remedy procedures, excluding the executory exemplification of the judgment with executory power, such as filing a lawsuit of objection, etc., it cannot exclude the executory power of the final judgment, and the risk of forced execution from the defendant is still not to be removed.

Therefore, the lawsuit of this case is brought.