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

A. On January 13, 2017, in the Changwon District Court Masan Branch 2016Gadan3037, which the Defendant filed against the Plaintiff, the said court rendered a judgment against the Plaintiff ordering the Defendant to transfer the building on the second floor C above the Changwon-si, Changwon District Court 2017 (hereinafter “instant judgment”). On June 21, 2017, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on June 21, 2017 in the Changwon District Court 2017Na661, which was the appellate court against the instant judgment, and the said judgment became final and conclusive by dismissing the appeal against the said appellate court on September 28, 2017.

B. The defendant completed the delivery execution of the building of this case according to the judgment of this case.

[Reasons for Recognition] Unsatisfy, entry in Eul evidence 1 (including a provisional number) and the purport of the whole pleadings

2. According to the above facts, since compulsory execution based on the executive title of the judgment on the plaintiff's claim has been completed as a whole and the creditor's satisfaction has no longer been satisfied, there is no benefit to seek non-permission of compulsory execution by the lawsuit of demurrer (see, e.g., Supreme Court Decisions 2013Da82043, May 29, 2014; 96Da52489, Apr. 25, 1997). Since compulsory execution based on the judgment of this case has already been completed, the plaintiff has no benefit to seek non-permission of compulsory execution by the lawsuit of this case.

3. It is so decided as per Disposition by the assent of all participating Justices, since the lawsuit of this case is unlawful.