1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 2, Eul evidence 1 and the purport of all pleadings:

On January 6, 2014, the Defendant applied for the payment order to B to the Young-gun Court of Gwangju District, and the said court ordered payment to the effect that “B shall pay the Defendant KRW 7,000,000 and delay damages therefor,” and the said payment order was finalized on February 19, 2014.

(2014.7).2

After all, the defendant applied for compulsory execution against the attached Form No. 2014 main text5032 of the Gwangju District Court on the basis of the above payment order.

C. The Plaintiff filed the instant lawsuit on October 31, 2014, and the Defendant withdrawn the said application for compulsory execution on November 26, 2014.

2. We examine ex officio the lawfulness of the instant lawsuit.

A lawsuit of demurrer by a third party is filed by a third party who has ownership or right to block transfer or delivery of an object of compulsory execution, and is seeking an objection against compulsory execution that is practically being carried out by infringing on such right, and thus, the lawsuit of this case is unlawful as there is no benefit of lawsuit, in case where a lawsuit by a third party is filed after the compulsory execution concerned is completed or compulsory execution that existed at the time when a third party’s lawsuit is filed is pending (see Supreme Court Decision 96Da49049, Oct. 10, 1997). In addition, the lawsuit of this case is unlawful as there is no benefit of lawsuit, in case where compulsory execution that was filed by a third party after the compulsory execution concerned is completed or a third party’s lawsuit is pending (see Supreme Court Decision 96Da49049, Oct. 10, 1997).

3. In conclusion, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.