1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. According to the records of the register of basic facts, the registration of creation of a mortgage was completed in the future of Yongsan-gu Seoul E E E E E E E E E E E E E E E E-dong, which was owned by the plaintiffs, and thereafter, the mortgagee H received a decision of voluntary commencement of auction based on the above collateral security or the creditor I management body against the plaintiffs received a decision of compulsory commencement of auction, and the defendant acquired ownership by winning a successful bid (the successful bidder promptly acquired ownership by full payment of the successful bid price without the registration of transfer, and the ownership transfer registration was completed on January 14, 2019 in the name of the defendant under the registration of the court following the successful bid.) The defendant, a successful bidder, requested the plaintiffs to issue an order of delivery of real estate and received an order of delivery of real estate as D on January 11, 2019.

2. The plaintiffs sought suspension of execution based on the above D's order for delivery of real estate by the lawsuit of this case. The method of appeal against the order for delivery of real estate, which is lowered upon the request of the successful bidder after the successful bid was awarded, is an immediate appeal. The above D's order for delivery of real estate, which became final and conclusive as it did not raise an immediate appeal within one week from the date when the plaintiffs received the delivery order.

However, if the other party to the order of delivery is a debtor, the debtor may file a lawsuit of objection against the claim under Article 44 of the Civil Execution Act if there is a legitimate ground for objection against the order of delivery. However, the order of delivery is issued against the owner or possessor of the real estate at the request of the buyer after the sale in the auction procedure, and the sale procedure and the order of delivery are distinct. Therefore, the ground for objection against the order of delivery should be determined at the time of issuing the order