1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

The Plaintiff, by deception, sold the instant real estate owned by the Plaintiff to F, and F, sold the instant real estate to the Defendant, G, and D by pretending that the instant real estate was sold to F, but each of the said sales became invalid, and thus, the Plaintiff can be deemed as the owner of the instant real estate. Therefore, the Plaintiff asserts to the effect that the instant auction, which is a compulsory execution against the instant real estate

A lawsuit of demurrer by a third party is an action to raise an objection against compulsory execution that is practically being carried out by a third party who has ownership or a right to prevent transfer or delivery of the object of compulsory execution by infringing on the right, and seek the exclusion of enforcement.

Therefore, in a case where a lawsuit by a third party is filed after the compulsory execution concerned is terminated, or compulsory execution which existed at the time when a lawsuit by a third party is filed is terminated while the lawsuit by a third party is pending, it is unlawful as there is no

(See Supreme Court Decision 96Da49049 delivered on October 10, 1997). However, since the auction of this case was conducted without suspending execution, there was no benefit of the lawsuit of this case.

Therefore, the plaintiff's lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.