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(영문) 수원지방법원성남지원 2016.03.04 2015가단30663
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 under the name of debt by the defendant's final judgment of indemnity amount (this court No. 2009 Ghana77634). Even if the plaintiff's effect of immunity is confirmed by judgment, it can not be excluded from the execution of the above judgment of indemnity amount, and the plaintiff's unstable risk is still not removed.

Therefore, it cannot be deemed an effective and appropriate means to seek the confirmation of immunity as a lawsuit in this case, separate from seeking the exclusion of the executory power of the judgment on the indemnity amount through the lawsuit of demurrer.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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