청구이의
1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuit, the part of the Plaintiff (Appointed Party)’s claim.
1. The reasoning for this part of the facts admitted to this court is the same as that of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. We examine the legitimacy of this part of the part concerning Plaintiff (Appointed Party) ex officio.
A lawsuit of demurrer is a lawsuit seeking the exclusion of the executory power of a debtor on the ground of an objection arising with respect to the claim indicated in the executory power of execution. A debtor may file a lawsuit of objection based on the obligee’s subrogation right on behalf of a debtor on the executory power of execution, the succession of an obligation, or other grounds (see Supreme Court Decision 91Da41620, Apr. 10, 1992). Accordingly, only those who are in such position may be entitled to the Plaintiff’s qualification.
However, according to the above facts and the statement in Gap evidence No. 2, the plaintiff (appointed party) is not in a position of executory power pursuant to the notarial deed of this case and is recognized as merely an agent of the debtor. Thus, the plaintiff is not eligible to file a lawsuit of objection to the claim against the defendant as to the notarial deed of this case.
Therefore, the part concerning Plaintiff (Appointed Party) in the lawsuit of this case is unlawful.
B. The Plaintiff (Appointed Party) (Appointed Party) transferred a total of KRW 30,50,000 to the person (F, G, and H) designated by D for the Appointer C, a debtor on the instant notarial deed from March 201 to June 2012, 201, and thus, the amount equivalent to the above amount was extinguished by repayment.
B) Around September 2012, D transferred claims on the instant Notarial Deed to E, and the Plaintiff (Appointed Party) agreed that there is no obligation any longer between E and E with respect to the remaining obligations out of the obligations on the instant Notarial Deed.