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(영문) 서울서부지방법원 2015.11.12 2015가단26460
면책확인
Text

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. In a lawsuit for confirmation of ex officio, there must be benefit from confirmation as a requirement for protection of rights. The benefit from confirmation is recognized only when it is the most effective means for the defendant to receive a judgment of confirmation against the plaintiff when the plaintiff's right or legal status is in danger of infeasible danger and removing the apprehension.

The plaintiff's lawsuit of this case is excluded from compulsory execution against the plaintiff's property in the name of debt holder with the payment order finalized by the defendant. However, even if the plaintiff is confirmed to have the effect of immunity by judgment, the plaintiff's unstable risk that it can be forced from the defendant cannot be excluded from the execution of the payment order of this case.

Therefore, it cannot be said that the Plaintiff’s seeking the confirmation of discharge as a lawsuit in this case is an effective and appropriate means to eliminate the Plaintiff’s legal instability, separate from seeking the exclusion of the executory power of the above titles of debt through the lawsuit of demurrer.

3. As such, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition.

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