The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. A lawsuit seeking confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when receiving a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s risks existing in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decisions 2006Da68650, 6867, Feb. 9, 2007; 2014Da2082555, Mar. 15, 2017). Notwithstanding the confirmation of immunity against a bankrupt debtor, where a claim is disputed as to which claim constitutes non-exempt claims, the obligor may file a lawsuit seeking confirmation of immunity and eliminate the risks existing in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executory power based on the effect of the discharge becomes an effective and appropriate means to remove the danger in the legal status.

Therefore, in this case, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

On the other hand, as the existence of the benefit of confirmation in a lawsuit for confirmation is an ex officio matter, the court should decide ex officio regardless of the party's assertion.

(See Supreme Court Decision 91Da12905 delivered on July 12, 1991, and Supreme Court Decision 2005Da60239 delivered on March 9, 2006, etc.). 2. According to the reasoning of the judgment below, the court below ex officio brought a lawsuit of this case for the purpose of preventing a compulsory execution procedure by obtaining confirmation that the Defendant’s claim for return of lease deposit is exempted from obligation. The most effective and appropriate means to prevent compulsory execution procedure is filing a lawsuit of objection, and the confirmation of exemption cannot be ruled out from the execution power of final judgment as to the claim for return of lease deposit.