1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion is the mortgagee of the corporeal movables listed in the separate sheet owned by the non-party B (hereinafter "corporeal movables of this case"). The defendant's execution of provisional disposition against the corporeal movables of this case, such as the written claim, is improper, and thus, it should be rejected.

2. The Defendant’s main defense against the Defendant’s main security had already completed the execution of a provisional disposition against the corporeal movables in this case (hereinafter “provisional disposition of this case”) based on the original copy of the decision prohibiting the possession, transfer, and disposal of the said corporeal movables (U.S. District Court Branch Branch of Busan District Court 2018Kadan10250). Thus, the instant lawsuit is unlawful as it has no legal interest in the lawsuit.

A lawsuit of demurrer against a third party is a lawsuit seeking the exclusion of specific enforcement acts on the subject matter of execution, and there is no benefit to file such lawsuit after the execution has been completed.

However, the Defendant’s provisional disposition against B and C on October 19, 2018 based on the original copy of the instant provisional disposition against B and C, and the Defendant won a lawsuit seeking the delivery of the instant corporeal movables against B and C on October 26, 2018 and completed the delivery execution on September 2019 (Supreme Court Decision 2018Gadan219750 Decided January 30, 2019). Since the fact that the Defendant occupied the instant corporeal movables from the point of time that there is no dispute between the parties, or that the execution of the instant provisional disposition was completed by comprehensively taking into account the entire purport of pleadings in each of the statements in the evidence Nos. 4, 7, and 5-1 and 2, the execution of the instant provisional disposition was completed.

As such, the lawsuit in this case is unlawful as there is no benefit of lawsuit.

Therefore, the defendant's main defense is justified.

3. In conclusion, the plaintiff's lawsuit of this case is unlawful and thus it is so decided as per Disposition.