1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

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

A lawsuit of demurrer by a third party is filed by asserting an objection against the compulsory execution that is practically being carried out by a third party who has the right to prevent ownership, transfer or transfer of the object of compulsory execution, infringing on its right, and seek the exclusion of enforcement. Therefore, in cases where compulsory execution, which existed at the time of filing a lawsuit by a third party, is terminated while the lawsuit is pending, it is unlawful as there is no benefit

If a request for auction is withdrawn, the effect of the seizure is extinguished and the auction procedure is terminated naturally, so the benefit of the lawsuit is nonexistent even if the request for auction is withdrawn while the procedure of enforcement was in progress at the time of filing the lawsuit by a third party.

On February 18, 2011, the Defendant applied for a payment order of KRW 3,250,283 of Seoul Central District Court Decision 201: (a) on February 23, 201, upon receipt of a payment order of KRW 3,250,283 from the same court; (b) on March 17, 2011, the payment order became final and conclusive as is; and (c) on the basis of the executory exemplification of the above payment order finalized on June 21, 2017, the Defendant revoked the application for the auction of the instant corporeal movables on July 21, 2017, when the instant lawsuit is pending, there is no dispute between the parties; or (b) in light of the aforementioned legal principles, the instant lawsuit has no interest in the lawsuit.

Therefore, the lawsuit of this case is dismissed as unlawful.