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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. To live ex officio;
A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s rights or legal status in danger and danger (see, e.g., Supreme Court Decision 2014Da208255, Mar. 15, 2017). Notwithstanding the confirmation of immunity on the debtor in bankruptcy, in cases where a claim is disputed as to what claim constitutes a non-faceted claim, the debtor may remove the risks of existing in his/her rights or legal status by filing a lawsuit for confirmation of immunity.
However, in relation to the creditor who has the title to execute the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of the executory force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the
Therefore, in this case, seeking confirmation of exemption is not a final resolution of dispute, and it is not an interest in confirmation, so it is not an interest in confirmation.
Since the existence of interest in confirmation in a lawsuit seeking confirmation is an ex officio matter, the court shall decide ex officio, regardless of the parties’ assertion (see Supreme Court Decision 2017Da17771, Oct. 12, 2017). With respect to the instant case, the instant lawsuit was brought for the purpose of preventing the compulsory execution procedure by obtaining confirmation that the Plaintiff is the Defendant’s gold claim (a claim based on Seoul Southern Southern District Court Decision 2005Da219169, which the Plaintiff had against the Plaintiff) (a claim based on the Seoul Southern Southern District Court Decision 2005Da219169, which the Plaintiff had against the Plaintiff). The most effective and appropriate means to prevent the compulsory execution procedure is filing a lawsuit of demurrer a claim, and, on the other hand, the said claim subject to a decision of confirmation cannot be ruled out the executory power of final judgment as to the aforesaid gold claim, thereby