1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. On July 31, 2014, the Defendant executed a seizure of corporeal movables on each of the corporeal movables listed in the Attachment List CB101, Yeongdeungpo-gu Seoul District Court Decision 2013Gadan2452, which received against Nonparty B, based on its executive title.

On July 15, 2007, the plaintiff filed a lawsuit of objection against the third party of this case that the compulsory execution against the movable property owned by the plaintiff is not owned by B, but owned by the plaintiff, and that the plaintiff concluded a contract with B for the use of facilities with B on July 15, 2007.

2. We examine ex officio the legitimacy of the lawsuit in this case, and the lawsuit of a third party’s objection is unlawful as there is no benefit of lawsuit, in case where a third party, who has the right to prevent ownership, transfer, or transfer of the object of compulsory execution, has infringed on its right and seeks an exclusion from the execution of compulsory execution, and as such, in case where a lawsuit of a third party is instituted after the compulsory execution concerned is terminated, or where a compulsory execution, which existed at the time when the lawsuit of a third party is filed, is in progress, the lawsuit of a third party

Therefore, it is recognized that compulsory execution against the above movable property (see, e.g., Supreme Court Decision 96Da49049, Oct. 10, 1997) was completed on April 9, 2015 when the lawsuit of this case was pending, and thus, the lawsuit of demurrer against the third party of this case, which is subject to non-permission of compulsory execution, became unlawful as there is no benefit of lawsuit.

3. As such, the lawsuit of this case is dismissed as it is unlawful, and thus, the judgment of the first instance is revoked and the lawsuit of this case is dismissed.