The plaintiff's major lawsuit is the plaintiff.

2. The assertion and judgment

A. With respect to a lawsuit seeking objection, the Plaintiff, as a creditor who has the right to claim for ownership transfer registration or claim for damages against C without any defect, sought the exclusion of executory power based on the Notarial Deed in subrogation of C, and therefore, we examine whether this part of the lawsuit is legitimate.

The obligee is entitled to exercise his right of subrogation only when the obligor does not exercise his right against the garnishee. Thus, when the obligee has already exercised his right of subrogation at the time when the obligee exercises his right of subrogation, the obligee cannot exercise his right of subrogation on behalf of the obligor.

(See Supreme Court Decision 2008Da65839 Decided March 12, 2009). In light of the above legal principles, the Plaintiff filed a lawsuit for objection of this case in subrogation of C by submitting the application for modification of the purport of the claim and the cause of the claim to this court on August 27, 2019. However, on April 8, 2019, prior to the submission of the Plaintiff’s above purport of the claim and the application for modification of the cause of the claim, C, a debtor, filed a lawsuit for objection against the Defendant on April 8, 2019 against the Defendant, which was the debtor, by subrogation of the Plaintiff’s claim for exclusion of executory force based on the No. 2019Ga6969 (Transfer Suwon District Court 2019Ga6125). Thus, the Plaintiff cannot file a lawsuit for objection by subrogation of C’s claim, which is the debtor of this case, at the time of the Plaintiff’s claim.

(b)an action of demurrer by a third party;