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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The grounds for the plaintiff's claim are as shown in the annexed sheet.
2. Determination and conclusion ex officio, there is a benefit of confirmation as a requirement for the protection of rights in a lawsuit for confirmation, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment from the defendant to eliminate the Plaintiff’s rights or legal status in a lawsuit for confirmation, and the benefit of confirmation is to be a person who is likely to cause apprehension and danger in the Plaintiff’s legal status by dispute over the Plaintiff’s rights or legal relations, and there is a benefit of confirmation against such defendant.
I would like to say.
In addition, the execution court shall commence the distribution procedure when the garnishee has deposited the execution (Article 252 subparagraph 2 and Article 248 of the Civil Execution Act), and the distribution is made according to the legal judgment of the execution court on the priority order of the claim in the distribution procedure commenced, and only the parties dissatisfied with the judgment can dispute by means of a lawsuit of demurrer against distribution, etc.
In light of the above legal principles, comprehensively taking account of the health class, evidence Nos. 2-1 and 2-2, and the overall purport of the pleadings, Article 248(1) of the Civil Execution Act was deposited as the basis provision on May 27, 2014 on the ground that the Seoul Special Metropolitan City deposited KRW 27,413,50 with the Seoul Northern District Court No. 1890 for 27,413,500 for the reason that provisional attachment and seizure were concurrent with respect to the monthly wage claim of the plaintiff against Seoul Special Metropolitan City on May 27, 2014, and Article 248(1) of the Civil Execution Act was based on the ground that the Seoul Northern District Court deposited KRW 2173,33,700 for the monthly wage claim of the plaintiff against Seoul Special Metropolitan City on June 5, 2015 as the basis provision on the provisional attachment and seizure of the monthly wage claim of the court of execution. Since each of the deposits of this case is the party dissatisfied with the execution procedure.