1. The instant lawsuit shall be dismissed.

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

1. Where the objective of the instant lawsuit is already realized through an ex officio judgment on the lawfulness of the instant lawsuit, there is no benefit in the lawsuit, and in particular, even in the case where the purpose of the claim is realized during the lawsuit, the benefit in the lawsuit is ex post facto extinguished

(See Supreme Court Decision 2002Da57904 Decided January 10, 2003, etc.). In full view of the purport of the entire pleadings as to the statement of No. 10 No. 10, the Plaintiff’s lawsuit of this case was pending on December 9, 2019 by designating the Defendant as the successor of B’s Promotion Committee for the Establishment of Housing Redevelopment and Improvement Projects, and the succeeded execution clause was granted on December 12, 2019, and a certified copy of the succeeded execution clause was delivered to the Defendant on December 12, 2019. Thus, the Plaintiff did not have a legal interest in seeking the grant of the succeeding execution clause against the Defendant, and thus, the Plaintiff’s lawsuit of this case became unlawful because there was no benefit of lawsuit during the lawsuit.

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

The plaintiff filed a lawsuit in this case without applying for grant of execution clause, and applied for grant of execution clause during the proceeding of this case and seems to have been granted the execution clause.

Although it is not possible to bring an action against grant of execution clause for which the application for grant of execution clause is refused, in light of the progress of the litigation in this case, etc., the plaintiff may be deemed to have brought an unnecessary lawsuit and thus, the litigation cost is borne by