1. The instant lawsuit shall be dismissed.

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

The Plaintiff asserted that the Defendant’s above compulsory execution is unlawful, since it was owned by the Plaintiff, since the notary public of Taewon Tech Co., Ltd., on July 15, 2016, based on an executory exemplification of a notarial deed No. 1674, 2016, which was executed by the Defendant on July 15, 2016.

If the purport of the entire pleadings is added to each of the statements in evidence Nos. 2, 2, 1, and 2, the defendant applied for a compulsory auction on real estate based on the original copy of the above notarial deed, but the above machinery is not included in the objects of auction. A lawsuit by a third party is filed by a third party who has the right to prevent the transfer or transfer of ownership against the objects of compulsory execution, thereby infringing on the right and seek for the exclusion of enforcement (see, e.g., Supreme Court Decision 96Da37176, Nov. 22, 1996). Thus, the lawsuit of this case seeking the exclusion of enforcement on the above machinery that is not subject to real compulsory execution is unlawful as there is no benefit of lawsuit.

Thus, the lawsuit of this case is unlawful and dismissed.