가등기말소
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. As to each real estate listed in the separate sheet No. 2 attached hereto to Defendant C.
1. Facts recognized;
A. On November 17, 2006, Defendant B completed the provisional registration of the right to claim transfer of ownership (hereinafter “instant provisional registration”) on November 16, 2006, as to each real estate listed in the separate sheet No. 1, which is owned by the Plaintiff, on November 17, 2006.
B. On July 6, 2005, Defendant C completed the provisional registration of the right to claim transfer of ownership on June 30, 2005, on each real estate listed in the separate sheet No. 2 list, which is owned by the Plaintiff (hereinafter “instant provisional registration”).
C. On January 26, 2018, the Plaintiff transferred all monetary claims held against D (hereinafter “instant claims”) to the Intervenor succeeding to the Plaintiff. Around that time, the Plaintiff’s succeeding intervenor notified D of the said transfer upon delegation by the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including additional number), the purport of whole pleadings
2. The assertion and judgment
A. Claim 1 against Defendant C is an ex officio investigation of the court as to whether there exists a creditor’s right to the debtor to be preserved by subrogation in a creditor subrogation lawsuit as to the lawfulness of a lawsuit against the plaintiff against the defendant. Thus, the court is obligated to verify the existence of a preserved claim ex officio if any circumstance is discovered to suspect the existence of a preserved claim after examining all the litigation materials presented to the court. If there is no preserved claim as a result of the trial, the creditor subrogation lawsuit shall be dismissed as it is unlawful (see, e.g., Supreme Court Decision 2009Da3234, Apr. 23, 2009). The plaintiff filed an application for withdrawal from the lawsuit, but it is not recognized as not only the consent or consent of the defendant, but also the withdrawal is not recognized in the case of withdrawal from the lawsuit.
In light of the above legal principles, the Plaintiff’s lawsuit against the Defendant.