1. The instant lawsuit shall be dismissed.

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

On January 8, 2018, the Plaintiff: (a) sold the corporeal movables recorded in the separate sheet to the Defendant and sought delivery of them in accordance with Article 193 of the Civil Execution Act; (b) on the title of the Daejeon District Court’s order of payment No. 2017 tea 4559, the Plaintiff seized the corporeal movables recorded in the separate sheet to the Daejeon District Court’s 201.

However, the order of delivery of seized objects pursuant to Article 193 of the Civil Execution Act shall be based on the procedure of application against the execution court, and it cannot be deemed a civil lawsuit, and the order of delivery of seized objects shall be delivered to the execution officer. Thus, the order of delivery of the seized objects cannot be a ground for ordering delivery of the above corporeal movables to the plaintiff as stated in the purport of the claim. Thus, it is so decided as per Disposition by the assent of all participating Justices