The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On December 11, 2018, the Defendant filed an application for a voluntary auction based on the right to collateral security stated in the list of Attached Table 3, attached to Changwon District Court CC, and the said court rendered a decision to commence a voluntary auction based on the aforementioned application (hereinafter “instant auction procedure”).

B. At the instant auction procedure, there was a decision on a blanket sale, and thereafter, on August 31, 2020, the date of distribution was expired as each real estate stated in the separate sheet No. 1, which is the object of auction, and the said auction procedure was concluded.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 26 and 27, substantial facts in this court, the purport of the whole pleadings

2. With respect to the lawsuit of this case for which the plaintiff filed a non-permission of compulsory execution through the auction procedure of this case on the ground that the goods listed in the separate sheet No. 2 list are owned by the plaintiff, not D, the defendant filed a defense prior to the conclusion of the auction procedure of this case, which had no interest in the lawsuit of this case.

On the other hand, a lawsuit of demurrer against a third party is filed against a third party who has a right to prevent transfer of ownership or transfer of ownership of an object of compulsory execution by infringing his/her right and seek the exclusion of enforcement. Thus, in cases where compulsory execution was filed after the completion of the pertinent compulsory execution or compulsory execution, which existed at the time of filing of a lawsuit of demurrer against a third party, is terminated during the lawsuit, it shall be deemed unlawful as there is no benefit of lawsuit (see, e.g., Supreme Court Decision 96Da37176, Nov. 22, 1996). Since the auction procedure of this case is in progress on August 31, 2020, the fact that the auction procedure of this case has completed the distribution procedure of this case on August 31, 2020, it is unlawful to maintain the lawsuit of this case, and the defendant's objection to this point is with merit.

3. Conclusion.