1. The instant lawsuit shall be dismissed.

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

The Plaintiff filed the instant lawsuit with the Defendant asserting that: (a) compulsory execution (the Busan District Court Decision 2018No3086) based on the title of execution against C (the Busan District Court Decision 2018No3086) was made against movable property owned by the Plaintiff; and (b) it was unlawful.

The lawsuit of demurrer by a third party is unlawful in cases where a third party, who has ownership or right to prevent transfer or transfer of the object of compulsory execution, has asserted an objection against compulsory execution that is practically being carried out by infringing on such right, and seek the exclusion of enforcement. As such, in cases where a lawsuit 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 by a third party was filed, is terminated during the course of the lawsuit, there is no benefit of lawsuit.

(See Supreme Court Decision 96Da37176 Decided November 22, 1996, etc.). In light of the following facts, compulsory execution against movables listed in the separate sheet claiming that they are owned by the Plaintiff at an auction date around September 20, 2018, following the fact that each of the said movables was sold at an auction price of KRW 720,00 and paid-in price was completed, etc., the instant lawsuit was filed against the subject matter for which the execution was completed, and thus there is no interest in lawsuit.

Therefore, the plaintiff's lawsuit of this case is dismissed, and it is so decided as per Disposition.