1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion and judgment on this issue

A. The plaintiff alleged that the application of the relevant provision was omitted during the process of the pertinent case, and the defendant asserted his/her counterclaim, and therefore, it is necessary to confirm the application of the relevant provision.

B. We examine ex officio the legality of the lawsuit.

In the event that there is a dispute between the parties as to the existence of a legal relationship which is in the preemptive relation with the judgment of the original claim while the lawsuit is pending, the intermediate confirmation means that the parties seek confirmation of the legal relationship by combining the litigation procedures.

However, the plaintiff's claim of this case seeking an interim confirmation is unlawful since it constitutes only the existence of the grounds for a retrial, which should be determined in the case subject to review, and it does not seek confirmation of the legal relationship in the preemptive relation.

In addition, according to the evidence evidence No. 17, the subject case was already closed on June 27, 2017, and the final decision was rendered on August 11, 2017 and the final decision was processed. The Plaintiff filed the instant lawsuit, which is an intermediate confirmation suit on the subject case, on August 16, 2017, and the instant lawsuit cannot be joined into the litigation procedure of the subject case, is unlawful.

2. In conclusion, the intermediate confirmation lawsuit of this case is unlawful and thus it is so decided as per Disposition.