1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On January 19, 2006, Samsung Fire and Marine Insurance Co., Ltd. filed a lawsuit against the plaintiff at the Busan District Court for the claim for reimbursement and received a favorable judgment on September 26, 2006, and the above judgment became final and conclusive as it is.

(hereinafter “the final judgment of this case”). (b)

The Defendant acquired a claim based on the instant final judgment from Samsung Fire Marine Insurance Co., Ltd., and received an execution clause to succeed to the said judgment from the Busan District Court. On August 16, 2012, the Defendant filed an application for the Busan District Court’s order of seizure and collection of claim 2012TTT 18003 with the title of execution of the instant final judgment.

C. Since then, the Plaintiff filed an application for immunity for individual bankruptcy and immunity with the Jung Government District Court No. 2013Hadan2075, 2013 2076, and the said court rendered immunity to the Plaintiff on November 4, 2014, and the Plaintiff omitted the filing of the obligation return based on the above judgment with respect to the bankruptcy and application for immunity.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 3-1, 2-2, and Gap evidence 4, the purport of the whole pleadings

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

The benefit of confirmation, which is a legitimate requirement for confirmation, is not recognized solely by the fact that there is a dispute over legal relations between the plaintiff and the defendant, but it is recognized as the most effective and appropriate means to determine the plaintiff's legal status as a confirmation judgment to eliminate the anxiety risk when the plaintiff's legal status is in

On the other hand, immunity under the Debtor Rehabilitation and Bankruptcy Act became final and conclusive.

Even if executive titles are not naturally invalidated, and if it is intended to exclude executive titles, a lawsuit of objection shall be filed against the claim.

(See Supreme Court Order 2013Ma1438 Decided September 16, 2013). The Plaintiff filed the instant lawsuit with the Defendant, based on the final judgment of the instant case, to obtain a seizure and collection order, and the Plaintiff also filed the instant lawsuit.