1. The instant lawsuit shall be dismissed.

2. With respect to the case of application for the suspension of compulsory execution, this Court shall decide on September 27, 2017.

1. On June 14, 2017, the Defendant, which caused the Plaintiff, seized C’s corporeal movables on August 24, 2017, based on the executory exemplification of the judgment 2017Da1908 Decided June 14, 2017.

(C) On August 4, 2017, the Plaintiff purchased corporeal movables listed in the separate sheet from C on August 4, 2017. Thus, the Defendant’s compulsory execution against C’s corporeal movables based on the title of execution against C is unlawful.

2. A lawsuit of demurrer by a third party is unlawful as there is no benefit of lawsuit in case where a third party, who holds ownership or right to block transfer or transfer of the object of compulsory execution, infringes on the above right and seeks to exclude enforcement of compulsory execution that is practically underway. Thus, in case where a lawsuit of demurrer by a third party is filed after the completion of the pertinent compulsory execution, or compulsory execution, which existed at the time when the lawsuit by a third party is filed, is terminated while the lawsuit by a third party is pending

(See Supreme Court Decision 96Da37176 delivered on November 22, 1996, etc.). However, there is no dispute between the parties as to the fact that the Defendant received dividends as the compulsory execution against corporeal movables recorded in the separate sheet was completed, and the fact that the Defendant received dividends is unlawful as there is no benefit of lawsuit.

3. As such, the instant lawsuit is dismissed as it is unlawful.