1. The instant lawsuit shall be dismissed.

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

1. The lawsuit of demurrer by a third party on the legitimacy of the lawsuit of this case is unlawful as there is no benefit of the lawsuit in case where a third party, who holds ownership or right to prevent transfer or transfer of the subject matter of compulsory execution, infringes on his/her right and seeks an exclusion from the execution of compulsory execution. Thus, in case where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is completed, or a compulsory execution, which existed at the time when the lawsuit of objection by a third party is filed, is terminated while the lawsuit is pending.

(1) The court below held that each of the above corporeal movables was seized on February 14, 2019, the execution officer of the Seoul Eastern District Court attached each of the corporeal movables listed in the separate sheet Nos. 1, 2, and 7 of the separate sheet Nos. 1, 2, and 1997 (hereinafter “the instant corporeal movables”). However, in full view of the description of the evidence No. 2 and the purport of the entire pleadings, the defendant filed an application for compulsory execution based on the executory payment order for loans No. 2014, 3650 against C and D, and the execution officer of the Seoul East Eastern District Court attached each of the corporeal movables listed in the separate sheet Nos. 1, 2, and 4 of the separate sheet No. 1, 2019 (Seoul Eastern District CourtF), and the execution officer of the instant corporeal movables on March 6, 2019, after deducting the sales proceeds of each of the above corporeal movables from KRW 40, 20507, and 2019.

As such, the lawsuit in this case is unlawful as there is 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.