The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

A lawsuit of demurrer against a third party on this Safety Defense is a lawsuit seeking an objection against a compulsory execution that is practically underway by a third party who has the ownership or right to restrain transfer or transfer of the subject matter of compulsory execution by infringing on the ownership or right thereto, and thus, the lawsuit of demurrer against a third party is unlawful as there is no benefit of lawsuit in the case where the compulsory execution, which was filed after the compulsory execution in question, or which existed at the time when a third party lawsuit is filed, is in progress (see Supreme Court Decision 96Da49049, Oct. 10, 1997). The lawsuit of this case is unlawful as there is no benefit of lawsuit in the lawsuit (see Supreme Court Decision 96Da49049, Oct. 10, 199).

Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.