1. The instant lawsuit shall be dismissed.

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

The plaintiff asserts that the exemption decision in the purport of the claim against the defendant constitutes a case where the exemption is granted in an unlawful manner and thus is invalid, and sought confirmation of its invalidation.

In a lawsuit for confirmation ex officio, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation must be immediately removed because there is apprehension or risk in the Plaintiff’s rights or legal status, and removal of such apprehension or risk is recognized only when it is the most effective and appropriate means to obtain a judgment from the Defendant (see Supreme Court Decision 94Da21559, Aug. 11, 1995). The Plaintiff may file a lawsuit against the Defendant for performance of seeking payment of a claim based on an authentic document stated in the purport of the claim on the premise that the above decision for exemption is null and void (see Supreme Court Decision 2010Da18956, Seoul Northern District Court Decision 2010 already filed the above lawsuit against the Defendant on July 2, 2010, but the Defendant appealed with the Seoul Northern District Court Decision 2018Na1399, Nov. 18, 2018.

Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.