1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. A lawsuit of demurrer by a third party on the legitimacy of a lawsuit is unlawful as there is no benefit of lawsuit in case where a third party who holds ownership or a right to prevent transfer or transfer of the object of compulsory execution infringes on the ownership or right thereto and seeks to exclude execution of compulsory execution, which is practically underway. Thus, in case where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is completed, or a compulsory execution, which existed at the time when the lawsuit of demurrer by a third party is filed, is in progress, the lawsuit is in progress.

(1) Article 10 of the Civil Procedure Act (amended by Presidential Decree No. 2501, Apr. 21, 20202; Presidential Decree No. 2510, Nov. 22, 1996; Presidential Decree No. 2510, Nov. 22, 1996; Presidential Decree No. 2510, Nov. 22, 1996; Presidential Decree No. 25100, Nov. 22, 20206; Presidential Decree No. 25134, Apr. 21, 2020).

2. Therefore, the instant lawsuit is dismissed, but the costs of lawsuit are not already completed prior to the filing of the instant lawsuit, but are deemed necessary at the time of the filing of the lawsuit, and the Plaintiff appears to have completed the instant compulsory execution procedure at the date of pleading and expressed his/her intent to withdraw the lawsuit, taking into account the circumstances, such as the fact that the Defendant, while expressing his/her intention to withdraw it, shall be determined as ordered by applying Article 99 of the Civil Procedure Act.