1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff filed a motion to deny compulsory execution regarding the instant real estate based on the judgment on the instant case, such as the return of unjust enrichment by the court 2012da78441, etc., and thus, we examine ex officio whether the instant lawsuit is lawful.

A lawsuit of demurrer against a claim is unlawful as a lawsuit of demurrer against a claim seeking the exclusion of general executory power of executive titles and seeking the exclusion of specific executory acts of individual enforcement.

(see, e.g., Supreme Court Decision 71Da1008, Dec. 28, 1971). The Plaintiff’s lawsuit in this case is unlawful as it seeks to exclude a compulsory auction on the instant real estate that was practically implemented as one of individual enforcement acts based on the above judgment.

2. If so, we decide to dismiss the plaintiff's lawsuit of this case and decide as per Disposition.