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

A. In the procedure for a compulsory auction by official auction by the Gwangju Northern District Court on the land and buildings on the land of Gwangju Northern-gu, the said court prepared a distribution schedule that distributes the amount of KRW 80,88,393 to the Defendant on the date of distribution on May 25, 2017, to C KRW 29,102,028, and KRW 24,445,704 to D.

B. 46,350,00 won should be distributed to the Defendant in proportion to C, D with the amount of credit, 45,038,774 won should be distributed. However, 80,88,39,619 won (=80,88,393 won 45,038,774 won) of the Defendant’s unjust enrichment should be additionally distributed to C. 19,483,489 won, and 16,36,130 won should be distributed to D. However, C and D did not object to the Defendant due to their absence on the above date of distribution.

C. Therefore, the Plaintiff’s claim for unjust enrichment by subrogation of C and D for the foregoing reasons.

2. In a case where the right of a creditor to be preserved by subrogation is not acknowledged in a case of a creditor subrogation lawsuit, the creditor himself/herself becomes the plaintiff and has no standing to exercise the debtor's right to the third debtor, and such subrogation lawsuit is unlawful and dismissed.

(See Supreme Court Decision 94Da14339 delivered on June 24, 1994, etc.). In this case where the plaintiff clearly expresses that he claims for unjust enrichment against the defendant by subrogation of C and D, the plaintiff's lawsuit in this case is unlawful, since there is no evidence to acknowledge the plaintiff's rights to C and D to be preserved by subrogation, the plaintiff's lawsuit in this case is unlawful.

3. The decision to dismiss the instant lawsuit according to the conclusion of the judgment is delivered with the assent of all participating Justices.