1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. A lawsuit seeking ex officio determination as to the legitimacy of the instant lawsuit is allowed only when it is the most effective and appropriate means to obtain a judgment of confirmation in order to eliminate the Plaintiff’s rights or legal status in danger and apprehensions and risks (see Supreme Court Decision 2000Da5640, Apr. 11, 200). The Defendant applied against the Plaintiff for a payment order seeking monetary payment against the Plaintiff under Seoul Southern District Court Decision 2017Hu143568, and the original payment order was served on the Plaintiff, and the said payment order became final and conclusive in this court.

Although the plaintiff filed the lawsuit in this case because it is unfair to pay the debt based on the payment order in this case, the ultimate objective of the plaintiff's lawsuit in this case is to exclude compulsory execution against the plaintiff's property as the executive title of the above payment order. Thus, the plaintiff's filing of a lawsuit of objection against the defendant in order to achieve this objective is the most effective and appropriate means to remove the plaintiff's legal status unstable and risks.

Ultimately, the lawsuit for confirmation of the existence of the obligation of this case is unlawful as there is no benefit of confirmation.

2. In conclusion, the Plaintiff’s lawsuit of this case is unlawful and dismissed. It is so decided as per Disposition by the assent of all participating Justices, considering the Plaintiff’s assertion and progress of lawsuit, etc.