1. The instant lawsuit shall be dismissed.

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

1. We examine ex officio the lawfulness of the instant lawsuit.

2. The Plaintiff asserted that his principal and interest obligation based on the title of debt in the instant case was extinguished as repayment, and sought not to seek exclusion of the overall executory power of the title of debt in the instant case, but only the denial of specific enforcement disposition on the instant real estate actually implemented by the title of debt in the instant case. As such, the instant lawsuit by the Plaintiff is unlawful, since it is a lawsuit seeking exclusion of the general executory power of the title of debt itself, it cannot be brought in order to only seek revocation of the specific enforcement disposition (see Supreme Court Decision 71Da1008, Dec. 28, 1971).

3. The plaintiff's lawsuit of this case is unlawful and thus dismissed.