1. The instant lawsuit shall be dismissed.

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

1. We examine the legality of the instant lawsuit ex officio.

A lawsuit of demurrer by a third party is a lawsuit seeking an objection against a compulsory execution that is practically being carried out by a third party who infringes on the ownership or right to restrain transfer or transfer of the object of compulsory execution. As such, in a case where a lawsuit by a third party is filed after the compulsory execution concerned is completed, or compulsory execution that existed at the time when a third party’s lawsuit is filed, is terminated during the course of a lawsuit (see Supreme Court Decision 96Da49049, Oct. 10, 1997). Therefore, according to the purport of this case and the whole pleadings, it can be recognized that the Defendant voluntarily withdrawn the application for compulsory execution as stated in the purport of the claim on November 9, 2018. Thus, the above compulsory execution procedure for which the Plaintiff seeking non-permission has already been completed.

I would like to say.

Therefore, the instant lawsuit is unlawful as it has no benefit of lawsuit.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.