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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 5, 2017, the Plaintiff’s summary of the Plaintiff’s assertion was granted immunity by Daejeon District Court Decision 2016Da1388, Sept. 21, 2017, and became final and conclusive on September 21, 2017, and was unaware of the existence of an obligation against the Defendant at the time, and was omitted in the obligee’s list, and thus, the Plaintiff’s obligation against the Defendant was exempted.
2. If a lawsuit for confirmation is lawful ex officio as to the legitimacy of the lawsuit of this case, there should be interests in confirmation as a requirement for the protection of rights, and the benefits of such confirmation should be recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the Plaintiff’s rights or legal status and risks.
However, according to the statement in Eul evidence No. 2, it can be acknowledged that the instant obligation for which the plaintiff seeks to confirm immunity and that the defendant raised against the plaintiff and the claims recognized in the judgment of Seoul Central District Court No. 2015Da585334 decided July 15, 2015, which became final and conclusive by the defendant, are the same.
Therefore, the Plaintiff appears to bring an action in this case for the purpose of preventing compulsory execution based on the above judgment. As above, the fact that there was immunity in the event of enforcement title does not automatically lose executory power, but merely becomes a substantial reason to bring an action of demurrer (see Supreme Court Order 2013Ma1428, Sept. 16, 2013). However, even if the Plaintiff is confirmed to have the effect of immunity by judgment, the Plaintiff’s apprehension and risk that it may be subject to compulsory execution from the Defendant is still not removed.
Therefore, even though the plaintiff could seek the exclusion of the executive force by filing an objection against the above judgment, it is possible to seek the confirmation of exemption by the lawsuit of this case without raising it.