The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The total cost of the lawsuit shall be individually the one.

A lawsuit of demurrer by a third party is unlawful in cases where a third party who has ownership or right to prevent transfer or delivery of an object of compulsory execution, raises an objection against compulsory execution that is practically being carried out by infringing on such ownership or right, and seek the exclusion of enforcement, and in cases where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is terminated or compulsory execution that existed at the time when a lawsuit of objection by a third party is filed is pending in the lawsuit, it is unlawful as

(See Supreme Court Decision 96Da37176 delivered on November 22, 1996, etc.). On withdrawal of a request for auction, the effect of seizure ceases to exist and the auction procedure is terminated naturally (Article 93(1) of the Civil Execution Act). Therefore, even in cases where the procedure for compulsory execution was in progress at the time of filing a lawsuit by a third party, the benefit of the lawsuit is nonexistent even if the request for auction was withdrawn during

The judgment below

According to the reasoning and the record, the Defendant applied for an auction to exercise the security right to the instant automobile to the Jung-gu District Court D upon the instant mortgage, and the decision to commence the auction was rendered on April 3, 2015. After the judgment of the court below was rendered, the Defendant knew the fact that the Defendant withdrawn the application for auction to the instant automobile on February 26, 2016, where the instant case was pending in the final appeal.

Examining these facts in light of the legal principles as seen earlier, the judgment of the court below cannot be maintained as it is, on the ground that the instant lawsuit was filed in the absence of the benefit of lawsuit during the period of the

Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed. Since this case is sufficient for the Supreme Court to directly render a judgment, the judgment of the court of first instance is revoked, and the lawsuit of this case is dismissed, and the total cost of the lawsuit is borne by each party. It is so decided as per Disposition by