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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 plaintiff's assertion against the defendant is the creditor of the above payment order of the Daejeon District Court No. 2014Da15039, Daejeon District Court No. 2014, the creditor of the above payment order of the above payment order of the defendant is not the defendant, and in light of the plaintiff's statement No. 2-1 and No. 2-2, and the defendant's response, the plaintiff seems to have mistakenly stated the defendant in Seoul Southern District Court No. 2011Ga257
Based on the above, there is a debt such as the statement in the purport of the claim, and the Seoul Rehabilitation Court 2007Hadan47168 (to be deemed as a clerical error in the 2017Hadan47139) and 2017Ha47168 was exempted from bankruptcy.
Although the above bankruptcy exemption case did not report the defendant to the creditor, the above bankruptcy exemption effect also extends to the above debt, since D, who was reported to the plaintiff's marriage with the plaintiff after the plaintiff's death, obtained a credit card and used the credit card loan under the name of the plaintiff, and the plaintiff was not aware of the existence of the above debt.
Therefore, the Plaintiff seeks confirmation that the above obligation was discharged against the Defendant.
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
A lawsuit for confirmation requires a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate risks existing in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2017Da17771, Oct. 12, 2017). A claim seeking confirmation of exemption is a claim with title of execution by a final and conclusive judgment. The Plaintiff, a debtor, is a claim with title by a final and conclusive judgment. As long as the Plaintiff, a debtor, has not gone through any other remedy procedure, excluding the executory power of the judgment with executory power, such as filing of a claim objection, and thus, cannot be excluded from the executory power of the final
Therefore, the lawsuit of this case is brought.