1. The instant lawsuit shall be dismissed.

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

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where certain claims are disputed as non-exempt claims, the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the danger of present in the 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 enforcement force based on the effect of the discharge becomes an effective and appropriate means to eliminate the present danger in the legal status

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

(Supreme Court Decision 2017Da17771 Decided October 12, 2017). According to the evidence Nos. 1 and 2, the Defendant may recognize the fact that the Plaintiff holds an executive title (Seoul Central District Court Decision 2016Da5001226) with respect to the Plaintiff’s obligation to seek immunity. Thus, the instant lawsuit is dismissed on the grounds that there is no benefit of confirmation.