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(영문) 제주지방법원 2021.01.12 2020가단63384
면책확인
Text

The instant lawsuit is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The Plaintiff has a claim against the Plaintiff based on the Jeju District Court Decision 2010Ga group 19029. On February 14, 2020, the Plaintiff sought confirmation of the Defendant’s discharge of each of the above obligations against the Defendant by asserting that the Defendant’s exemption was finalized on March 3, 2020 upon receipt of the exemption exemption decision from 100540, and that the Defendant’s exemption was finalized on March 3, 2020, and that the omission of the Defendant’s claim in the list of creditors of the above exemption case was merely a mere acceptance, and that the Plaintiff did not have omitted the Defendant’s claim in bad faith.

On the other hand, in the event that the issue is whether certain claims are non-faceted claims despite the confirmation of immunity, the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing anxiety and danger in the rights or legal status by filing a lawsuit seeking the exclusion of executory power based on the effect of immunity in relation to the creditor who has the source of enforcement of the immunity obligations, is an effective and appropriate means to file a lawsuit seeking the exclusion of executory power based on the effect of immunity in relation to the creditor who has the source of enforcement

Therefore, in such a case, seeking confirmation of exemption is not a final resolution of dispute, and there is no interest in confirmation (see, e.g., Supreme Court Decision 2017Da17771, Oct. 12, 2017). With respect to the instant case, the fact that the Defendant has the enforcement title, which is the Jeju District Court Decision 2010DaGa19029, with respect to the Plaintiff’s claim against the Plaintiff, is apparent in itself as to the Plaintiff’s assertion. As such, in order for the Plaintiff to claim exemption of the above obligation due to immunity, seeking confirmation of exemption of enforcement is a valid and adequate means to eliminate risks existing in the legal position. Therefore, seeking confirmation of exemption of the instant case is a final resolution method of dispute.

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