1. The instant lawsuit shall be dismissed.

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

1. As to the lawfulness of the instant lawsuit

A. The plaintiff filed a lawsuit of this case that the articles listed in the attached list (hereinafter "the articles of this case") are owned by the plaintiff and thus, the defendant is not allowed to enforce compulsory execution against the articles of this case. Thus, we examine ex officio as to the legitimacy of the lawsuit of this case.

B. A lawsuit of demurrer by a third party is a lawsuit seeking an objection against compulsory execution that is practically underway by a third party who has the ownership or right to restrain transfer or transfer of the object of compulsory execution, thereby infringing on the ownership or right thereto, and thus, the lawsuit is unlawful in cases where a lawsuit of demurrer by a third party is filed after the completion of the pertinent compulsory execution or compulsory execution that existed at the time when the lawsuit of objection by a third party is pending during the proceeding of the lawsuit (see Supreme Court Decision 96Da49049, Oct. 10, 1997).

According to the purport of the entire pleadings, the Defendant’s withdrawal of an application for compulsory execution against the instant goods after filing the instant lawsuit, and the enforcement thereof is revoked. Since the compulsory execution procedure for which the Plaintiff seeks no permission has already been completed, the instant lawsuit is unlawful as it has no interest in lawsuit

2. In conclusion, the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.