2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

A. The Plaintiff sought confirmation against the Defendant that the instant land was owned by B in subrogation of B in order to preserve the claim for ownership transfer registration based on the completion of the statute of limitations for possession as to B entered as the owner on the land cadastre of the instant land unregistered.

B. Generally, barring special circumstances, it is reasonable to presume that the Plaintiff is a person who is a person who is injured by fire, and that the person of such age is no longer the aged who is considered to be a person who is injured by fire.

In a creditor subrogation lawsuit, unless there are special circumstances, if it is acknowledged that the plaintiff is a person who is injured by subrogation, and the existence of a person who is injured by subrogation is a very rare example until he/she reaches today's age, and that it is extremely rare for him/her to survive, the person who is injured by subrogation shall be presumed to be a person who is currently alive, and the defendant shall actively prove that he/she has died.

However, it is very rare that a person is alive by the age of 110. Therefore, in a case where the subrogation is easily deemed to have already died prior to the filing of the instant lawsuit, the fact of death may be ratified by comprehensively taking into account all the circumstances as above.

(see Supreme Court Decision 2002Da5873, Apr. 26, 2002; Supreme Court Decision 2016Da247339, Nov. 24, 2016). In a case where a creditor’s right to a debtor is not acknowledged in a creditor’s subrogation lawsuit, the creditor himself/herself becomes the Plaintiff, and the debtor’s right to a third obligor is nonexistent, and thus, the subrogation lawsuit is unlawful.

(See Supreme Court Decision 94Da14339 delivered on June 24, 1994). C.

The entries and arguments of Gap evidence 3-1 to 3 are all made.