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(영문) 부산지방법원서부지원 2019.02.12 2018가단100791

가등기말소

Text

1. The plaintiff's lawsuit shall be dismissed.

2. The defendant is the Busan District Court as to the real estate stated in the attached list to Nonparty C.

Reasons

1. We examine the legitimacy of the Plaintiff’s lawsuit ex officio to determine the Plaintiff’s claim.

The plaintiff, in subrogation of C, sought the procedure for cancellation of the registration of the right to claim ownership transfer against the defendant.

However, in a creditor subrogation lawsuit, if the right of the creditor to be compensated by subrogation is not recognized, the creditor becomes the plaintiff himself/herself and is no longer entitled to exercise the right of the debtor against the third debtor, so the subrogation lawsuit is unlawful and dismissed.

(1) The Plaintiff’s lawsuit against the Defendant is unlawful on the ground that the Plaintiff’s claim against the Plaintiff, a right to preserve the Plaintiff’s lawsuit, was entirely transferred to the Intervenor succeeding to the Plaintiff, on November 8, 1994 (see, e.g., Supreme Court Decision 94Da31549, Nov. 8, 199).

2. Determination on the claims of the Plaintiff’s succeeding intervenor

A. On December 2, 2009, the Plaintiff (1) (1) acquired the principal of credit card loans, etc. and interest amounting to KRW 831,410 and KRW 1,170,318 (as of February 27, 2009) from the non-party E Co., Ltd. to the non-party E Co., Ltd., and notified C of the transfer of the above credit amount after being delegated the authority. On May 4, 2010, the non-party E Co., Ltd., via the non-party FF Bank, received the payment of principal and interest amounting to KRW 5,646,021 and interest amounting to KRW 6,306,272 (as of October 30, 200) and KRW 31,410 and interest amount equivalent to KRW 1,542,318 (as of February 27, 200, KRW 209) and interest amount equivalent to KRW 300,51960 and KRW 16308 (as of interest amount