1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

A lawsuit of demurrer by a third party is unlawful in cases where a third party, who has ownership or a right to prevent transfer or delivery of an object of compulsory execution, raises an objection against compulsory execution that is practically being carried out by infringing on such ownership or right, and seeks the exclusion of enforcement. Thus, in cases where a lawsuit of demurrer by a third party is filed after the completion of the pertinent compulsory execution, or a compulsory execution that existed at the time of filing a lawsuit by a third party is terminated during the course of the lawsuit, there

(See Supreme Court Decision 96Da49049 delivered on October 10, 1997, etc.). However, according to each of the Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 (including the provisional attachment number), since the execution of the provisional attachment of this case was completed by the defendant after the lawsuit of this case was filed, the execution of the provisional attachment of this case was terminated after the lawsuit of this case was filed, and thus, the lawsuit of this case was unlawful as it has

Therefore, the lawsuit of this case is dismissed, but the costs of the lawsuit of this case are assessed against the defendant in light of the circumstances where the lawsuit of this case was unlawful.