B. The claim to cancel the ownership transfer registration, which is null and void, shall not be useful in the lawsuit whose subject matter is the subject matter of the lawsuit.

The costs of appeal shall be borne by the plaintiff.

The subrogation right arises only when the obligor does not exercise the right against the third obligor. If the obligor files a lawsuit against the third obligor and exercises the right, the obligee cannot file a lawsuit again and exercise the right in subrogation without any reason. Accordingly, the court below is justified in its reasoning that the non-party filed a lawsuit against the Defendant for the claim of ownership transfer registration on the real estate which was held in trust by the Seoul Civil Area Act No. 67528, and confirmed that the case is still in progress in the appellate court, and based on the plaintiff's main claim, the plaintiff entrusts the above non-party with the real estate. The non-party is entrusted with the title trust of the non-party and the transfer registration on behalf of the non-party, and the non-party claims for the transfer registration on the non-party's future, but the non-party, who is the obligor, has already exercised the right against the defendant. The non-party's right to claim ownership transfer registration cannot be revoked by misunderstanding the legal principles on the provisional disposition that the non-party's right to claim ownership transfer registration cannot be revoked by 60.

Therefore, the appeal in this case is without merit, and it is dismissed, and the costs of appeal are assessed against the losing party and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-chul (Presiding Justice)