1. The instant lawsuit shall be dismissed.

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

The plaintiff asserts that the movable property of this case is its own ownership and seeks non-permission of compulsory execution, such as the statement in the claim.

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 transfer of the object of compulsory execution, has asserted an objection against the compulsory execution that is practically being carried out by infringing on such right, and seek the exclusion of enforcement. Thus, in cases where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is completed or compulsory execution that existed at the time when the lawsuit of demurrer by a third party is filed, is terminated during the course of the lawsuit, there is no benefit of lawsuit.

Therefore, in the case of this case (see, e.g., Supreme Court Decision 96Da49049, Oct. 10, 1997), since compulsory execution stated in the purport of the claim against the movable property of this case in this case has been remarkably terminated by the withdrawal of the defendant, the plaintiff's lawsuit of this case has no benefit of lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.