1. The instant lawsuit shall be dismissed.

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

1. Since air conditioners, kimchi air conditioners, and air conditioners are not owned by C, but owned by the Plaintiff, among the items listed in the attached list of the purport of the Plaintiff’s assertion, compulsory execution stated in the purport of the claim should be denied.

2. A lawsuit of demurrer by a third party is unlawful, as there is no benefit of lawsuit, in case where a third party, who holds ownership or right to restrain transfer or delivery of the object of compulsory execution, infringes on the ownership or right thereof and seeks to exclude enforcement of compulsory execution being practically underway. Thus, in case where a lawsuit of demurrer by a third party is filed after the completion of the pertinent compulsory execution, or compulsory execution, which existed at the time when the lawsuit of demurrer by a third party is pending, is terminated while the lawsuit is pending.

(2) In light of the above legal principles, the lower court’s judgment did not err by misapprehending the legal principles as to the right to claim a compensation for damages, as otherwise alleged in the ground of appeal. In so doing, the lower court did not err by misapprehending the legal principles as to the right to claim a compensation for damages, thereby adversely affecting the conclusion of the judgment, as otherwise alleged in the ground of appeal.

Therefore, we decide to dismiss the lawsuit of this case and decide as per Disposition.