1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. On May 21, 2018, the Defendant applied for provisional seizure of the instant corporeal movables in the instant case where the Nonparty filed a claim for the collection of the debt under the order of seizure and collection against the Nonparty Company’s High Government District Court 2018TTTT 2018TT 31361 against the Nonparty Company, with the Nonparty Company as the debtor (JT District Court 2018Kadan10834).

(A) Evidence No. 1, hereinafter referred to as the "decision of provisional seizure of this case").

On June 4, 2018, in order to enforce the provisional attachment order of this case, the Goyang-dong District Court issued the provisional attachment order of this case to one foundation and one small-sized one foundation (the "E" is stated in the column of the provisional attachment report in the name of the seized object).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. A lawsuit of demurrer by a third party is premised on compulsory execution. Therefore, a lawsuit of demurrer by a third party may be brought only before the commencement of compulsory execution is completed.

Therefore, a lawsuit of demurrer by a third party before or after the commencement of compulsory execution is dismissed as illegal.

In addition, if compulsory execution is terminated while a third party's objection is pending, it is illegal as there is no interest in the lawsuit (see Supreme Court Decision 96Da37176 delivered on November 22, 1996, etc.).

We examine this case in light of the legal principles as seen earlier.

The provisional seizure on the instant corporeal movables was executed on the basis of the decision of provisional seizure on the instant corporeal movables, but there is no evidence to acknowledge that the provisional seizure was commenced on the instant corporeal movables.

In addition, the execution of judgment on provisional attachment does not exceed two weeks from the date of notification to the creditor.