1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. We examine whether the lawsuit of this case is legitimate or not ex officio.

A lawsuit of demurrer by a third party is unlawful in cases where a third party, who has ownership or a right to prevent transfer or delivery of the object of compulsory execution, raises an objection against compulsory execution that is practically being carried out by infringing on such ownership or right, and seeks to exclude the execution thereof. Thus, in cases where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is completed, or where compulsory execution that existed at the time when a lawsuit of objection by a third party is filed, is terminated during the course of

(3) In light of the above legal principles, the court below erred by misapprehending the legal principles as to each of the following facts: (a) as to each of the instant movables, each of the instant movables was sold at the auction procedure for corporeal movables (No. 2015No. 1903, Nov. 22, 1996; and (b) as to each of the instant movables, each of the instant movables was completely sold, the price for which has been completed, and the distribution has been completed; and (c) as a compulsory execution against each of the instant movables has been completed during the lawsuit, the instant lawsuit seeking rejection is unlawful as there is no legal interest in the lawsuit.

2. The decision of the court of first instance is inappropriate and thus, it is so decided as per Disposition by the assent of all participating Justices who reviewed the lawsuit of this case.