1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff, which indicated the cause of the claim, omitted the obligation to the Defendant at the time of his bankruptcy and application for immunity. The Plaintiff recently received the demand for the claim from the Defendant and became aware of it.

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. In a judgment without pleading of relevant legal principles, ex officio matters, such as litigation requirements, can be determined ex officio. For the benefit of confirmation in a lawsuit for confirmation, there should be a danger proposal existing in the claimant’s rights or legal status according to legal relations, and in order to remove the risk proposal, it is necessary to immediately determine by a judgment for confirmation that is the subject of confirmation of legal relations, 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 instant case, the instant lawsuit was brought for the purpose of preventing the compulsory execution procedure ultimately with the Plaintiff’s confirmation of the receipt of the above decision to grant immunity, and the most effective and appropriate means to prevent the compulsory execution procedure is not confirmation of immunity, but the lawsuit of objection to the claim.

However, as long as the plaintiff does not go through other remedy procedures, such as filing an action of objection, the enforcement of the final judgment cannot be ruled out.