1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. against C, the Plaintiff’s representative director, Defendant A&W and C’s asset management loan (hereinafter “Defendant Company”) filed each application for the Seoul Central District Court’s order to pay transfer money prior to 2015, prior to 188478, and Defendant B filed each of the above court’s order to pay loan payment. Each payment order issued by the above court was finalized on the grounds that C did not raise any objection.

B. On October 27, 2015, the Defendant Company seized corporeal movables in Seoul, Yangcheon-gu Seoul, Seoul, the Seoul Southern District Court No. 2015No4091, Defendant B, the said court’s residence No. 2015No. 2015No. 2847, which is a residence of C, as Seoul, Yangcheon-gu, Seoul, and 2 Dong No. 5047, which included the items in the attached list claimed by the Plaintiff as a company’s property, not an individual

C. On November 11, 2015, the articles attached as above, including the articles listed in the attached list, were sold to third parties and the above corporeal movables auction was completed.

[Grounds for recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. We examine the legitimacy of the instant lawsuit prior to examining the Plaintiff’s assertion that the goods listed in the separate sheet regarding the legitimacy of the lawsuit are goods not owned by an individual C, but owned by the Plaintiff.

A lawsuit of demurrer by a third party is filed by a third party who has the right to prevent ownership, transfer or transfer of the object of compulsory execution against the said third party and seeks the exclusion of enforcement thereof. As such, in a case where compulsory execution, which existed at the time when a lawsuit of demurrer by a third party was filed, is terminated during the lawsuit, the interests of the lawsuit are nonexistent (see, e.g., Supreme Court Decision 96Da37176, Nov. 22, 1996). The fact that the goods listed in the separate sheet in accordance with the procedure for compulsory execution of corporeal movables requested by the Defendants were sold to a third party and the compulsory execution is terminated is already examined in the basic facts.

Therefore, as long as the enforcement of the lawsuit in this case has been terminated.