1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The defendant's judgment on the defendant's defense prior to the merits is that the plaintiff collected the money deposited by mistake without any legal ground in the bank account of the corporation B, and the defendant collected the money in accordance with the collection order issued by the corporation B as the debtor, and the money remitted by mistake without any legal ground as above is still owned by the plaintiff. Thus, the defendant's lawsuit of demurrer against the third party can be filed only before the completion of compulsory execution, and as long as the defendant completed compulsory execution procedure based on the collection order, the plaintiff's lawsuit of this case is unlawful.

Therefore, the lawsuit of demurrer against the third party is a lawsuit claiming that a third party has ownership over the object of compulsory execution, or a right to prevent the transfer or delivery of the object, and is seeking the exclusion of enforcement. The purport of the lawsuit is to seek the denial of compulsory execution against the object of compulsory execution. The plaintiff submitted the complaint of this case, and the subject of the case was stated as "the lawsuit of demurrer against the third party", but the claim is not to seek the rejection of compulsory execution against the object owned by the plaintiff, but to seek the payment of the amount equivalent to the money deposited by the plaintiff to the defendant against the defendant in the bank account of the company B, and the cause of the claim is also deposited without any legal cause. The lawsuit of this case is still deemed to be a lawsuit of monetary payment, contrary to the case name stated by the plaintiff, and thus, the lawsuit of this case is not a lawsuit of objection against the third party. The plaintiff's objection against the lawsuit of this case is without merit.

2. The reasons for the judgment of the court of first instance shall be cited;