1. The instant lawsuit shall be dismissed.

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

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

A lawsuit of demurrer by a third party is a lawsuit seeking an objection against a compulsory execution that is practically being carried out by a third party who infringes on the ownership or right to restrain transfer or transfer of the object of compulsory execution, and thus, the said lawsuit is unlawful as there is no benefit of the lawsuit in the case where a lawsuit by a third party is filed after the said compulsory execution is completed, or compulsory execution that existed at the time when a lawsuit by a third party is filed, is completed while the lawsuit by a third party is pending (see Supreme Court Decision 96Da49049, Oct. 10, 1997). The Defendant’s revocation of a petition for compulsory execution stated in the purport of the claim on August 8, 2017 is not a dispute between the parties, and thus, the said compulsory execution procedure for which the Plaintiff seeks no permission has already been completed.

The lawsuit of this case is unlawful because there is no benefit of lawsuit.

2. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.