2. The defendant shall render the Gwangju District Court with respect to the real estate stated in the attached list to Nonparty C.

A. On January 26, 2007, the Plaintiff filed a lawsuit against C with this court for the claim for the amount of the deposit, and received a judgment on January 26, 2007, stating that “C shall pay to the Plaintiff the amount of KRW 8,194,124 and the amount of KRW 4,460,32 at the rate of 17% per annum from April 1, 2005 to the date of full payment,” and the above judgment was finalized on February 27, 2007.

B. On January 26, 2018, the Plaintiff transferred the said claim to the Intervenor succeeding to the Plaintiff, and notified C of the transfer of the said claim.

C. On the other hand, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) on October 30, 1997, based on the documents No. 17511, which was received on October 31, 1997, shall be completed on the real estate listed in the attached list No. 35,00,000 of the maximum debt amount, the debtor C, the mortgagee of the right to collateral security, the defendant of the right to collateral security, and the contract on October 30, 1997.

[Grounds for Recognition: Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings]

2. The plaintiff's ex officio decision as to the legitimacy of the plaintiff's lawsuit submitted a written withdrawal from the lawsuit, but failed to obtain the defendant's consent as to the withdrawal, so the plaintiff's subrogation lawsuit against the creditor is unlawful as it is unlawful if the creditor's right to the debtor to be preserved by subrogation in the creditor subrogation lawsuit does not exist (see Supreme Court Decision 2009Da3234, Apr. 23, 2009). The plaintiff filed the lawsuit of this case against the defendant by subrogation of C for the preservation of the claim against the plaintiff's assignee's claim against C, but thereafter, on January 26, 2018, the plaintiff transferred the claim against the plaintiff's successor to the lawsuit of this case to the plaintiff.

Thus, the plaintiff's lawsuit of this case is unlawful since there is no preserved claim against the creditor subrogation lawsuit of this case.

3. Determination as to the claims of the Plaintiff’s succeeding intervenor

A. The plaintiff's successor.