1. The instant lawsuit shall be dismissed.

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

1. On November 25, 2014, based on the executory order of payment with the executory order of the Daejeon District Court 2014 tea1071, the Defendant executed a seizure of corporeal movables (hereinafter “instant compulsory execution”) with respect to C’s corporeal movables as indicated in the separate sheet (hereinafter “instant corporeal movables”) by Red Branch Branch of the Daejeon District Court 2014Noh868, Nov. 25, 2014. The sale procedure and distribution procedure were terminated on December 30, 2014.

On December 23, 2014, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap 2, Eul 1, the purport of the whole pleadings

2. The Plaintiff asserts whether the instant lawsuit is lawful, since the instant corporeal movables are not owned by C, but owned by the Plaintiff, compulsory execution of the instant case is not permissible.

However, a lawsuit of demurrer by a third party is unlawful as there is no benefit of lawsuit in a case where a lawsuit of demurrer by a third party is filed after the completion of compulsory execution in question, or a compulsory execution that existed at the time of filing a lawsuit of demurrer by a third party is completed while the lawsuit of demurrer by a third party is pending.

(See Supreme Court Decision 96Da37176 delivered on November 22, 1996, etc.). The fact that the compulsory execution of this case was terminated during the course of the lawsuit of this case is identical as seen earlier, and thus, the lawsuit of this case is unlawful as there is no benefit of lawsuit.

3. Conclusion, the instant lawsuit is unlawful and dismissed.