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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 8, 2014, the Defendant issued a seizure and collection order on the Plaintiff’s deposit claim against the financial institution by having a notary public against the Plaintiff as the title of execution of the No. 274 of the No. 2007 No. 274 of the No. 2007’s No. 274 of the No. 2007 of the No. 2014, Dec. 8, 2014.
B. Meanwhile, the Plaintiff filed an application for bankruptcy and immunity (hereinafter “instant bankruptcy and immunity application”) with the Seoul Central District Court No. 2013Hadan2497, 2013 2497, and omitted the entry of the claim in the notarial deed in the list of creditors submitted at the time of the instant bankruptcy and application for immunity.
On June 3, 2013, the above court declared bankruptcy against the plaintiff, and decided to grant immunity on September 26, 2013, and the above decision to grant immunity became final and conclusive on October 11, 2013.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. The Plaintiff’s assertion was due to the Plaintiff’s failure to enter the claims on the Notarial Deed at the time of the bankruptcy and application for immunity was due to the Plaintiff’s failure to know the existence of the above claims, and is not based on bad faith. Thus, the above claims were also exempted by the above decision of permission for immunity, and thus seeking confirmation.
3. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination as to the legitimacy of the instant lawsuit.
A lawsuit for confirmation is recognized in cases where there is a danger existing in the rights or legal status, and it is the most effective and appropriate means to obtain a judgment in order to eliminate such danger.
On the other hand, in order to exclude the executory power of executive titles, a lawsuit of demurrer shall be brought against the persons who are indicated as creditors on the executive titles or persons who are entitled to enforce compulsory execution based on the executive titles such as successors
The facts acknowledged earlier are returned to the instant case.