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.

Inasmuch as a lawsuit of demurrer is sought to exclude the executory power itself, it is unlawful to seek non-permission of individual enforcement acts already executed.

(See Supreme Court Decision 71Da1008 delivered on December 28, 1971). We examine this case in light of the above legal principles.

The Plaintiff asserted to the effect that, on July 26, 2016, an agreement was concluded between the original Defendant on the partial execution of the instant claim, the conciliation was concluded between the original Defendant in the Seoul High Court Decision 2016Na2014643, which included the partial execution agreement on the instant claim.

Although the Defendant asserted against the Plaintiff that the assignment order of claims against the Plaintiff regarding the instant claim under the Suwon District Court Decision 2017TTT4928 should not be denied, it is not permissible to seek an objection against the Plaintiff as an action of objection to the exclusion of the assignment order of claims and assignment order regarding the instant claim, which is not the executory power of the instant enforcement title, but the specific enforcement act of individual claims.

Furthermore, comprehensively taking account of the overall purport of the arguments in the written evidence Nos. 3 and 4, the Suwon District Court rendered a ruling of seizure and assignment order as to the instant claim on March 21, 2017 in the case of the seizure and assignment order of claims No. 2017TT No. 4928. Accordingly, the Defendant appealed with Suwon District Court 2017Ra358, but the appeal was dismissed on August 3, 2017, and the Defendant re-appealed with Supreme Court 2017Ma117 on December 8, 2017, which became final and conclusive as it was, as the re-appeal was dismissed on December 8, 2017. According to the above recognition, since compulsory execution was completed due to the confirmation of the seizure and assignment order of claims as to the instant claim, it cannot be deemed that the Plaintiff has a benefit in filing a lawsuit seeking the denial of compulsory execution as to the instant claim.

Thus, the lawsuit of this case is deemed to be a mother or illegal, and thus, it is dismissed.