1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 11, 2015, the Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court 2014Hagu District Court 2563, 2014Hadan2563, and was granted immunity, and the said exemption exemption became final and conclusive on August 27, 2015.

B. C Co., Ltd. (hereinafter “C”) filed an application against the Plaintiff for a payment order seeking the payment of the acquisition amount under the Seoul Western District Court Decision 2014 tea2926, and the said payment order was served on the Plaintiff on January 23, 2014, and the said payment order became final and conclusive around that time.

C transferred the above obligation to the Defendant on February 27, 2019. On April 30, 2019, the Defendant sent to the Plaintiff a written notice expressing the assignment of obligation as the content-certified agent and received the delivery by the Plaintiff around that time.

C. When applying for bankruptcy and exemption, the Plaintiff did not enter C’s claim for the acquisition amount in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal status

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(See Supreme Court Decision 2017Da17771 Decided October 12, 2017). In full view of the aforementioned basic facts and the purport of the entire pleadings, the Plaintiff is the instant lawsuit.