1. The instant lawsuit shall be dismissed.

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

A lawsuit of demurrer by a third party is unlawful in cases where a third party who has ownership or right to prevent transfer or delivery of an object of compulsory execution, raises an objection against compulsory execution that is practically being carried out by infringing on such ownership or right, and seek the exclusion of execution. Therefore, in cases where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is completed or compulsory execution that existed at the time when a lawsuit of objection by a third party is filed is completed, it is unlawful as there is no benefit

If a request for auction is withdrawn, the effect of seizure is extinguished and the auction procedure is terminated naturally (Article 93(1) of the Civil Execution Act). Therefore, even in cases where the compulsory execution procedure was in progress at the time of filing a lawsuit by a third party, but the request for auction is withdrawn during the continuation of a lawsuit, there is no benefit of lawsuit (see, e.g., Supreme Court Decision 2016Da207973, Jun. 9, 2016). In this case, the fact that the Defendant withdrawn the request for auction on December 19, 2018

Therefore, since the Plaintiff no longer has a legal interest in seeking the denial of the auction procedure, the instant lawsuit is unlawful as it has no legal interest in the lawsuit.