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(영문) 광주지방법원 목포지원 2018.08.22 2018가단50360

근저당권말소

Text

1. The plaintiff's lawsuit shall be dismissed.

2. The defendant shall share 1/2 of each of the real estate listed in the separate sheet to Nonparty B.

Reasons

1. Plaintiff’s request

(a)as shown in the reasons for the attachment of the claim;

(A) The plaintiff submitted a written withdrawal from the lawsuit, but did not obtain the defendant's consent to the withdrawal.

In a creditor subrogation lawsuit as to the legitimacy of the plaintiff's lawsuit, the existence of the creditor's right to the debtor, which is to be preserved by subrogation, is an ex officio investigation by the court. As such, the court is obligated to verify the existence of the creditor's subrogation lawsuit on the ground that the creditor's right to the debtor exists, if any circumstances are discovered to suspect the existence of the preserved claim by examining all the litigation materials presented to the court through additional hearings and investigations ex officio. If no preserved claim exists as a result of the

(See Supreme Court Decision 2009Da3234 Decided April 23, 2009). The Plaintiff filed the instant lawsuit against the Defendant by subrogation in order to preserve the claim against B, and according to the records, the Plaintiff can be recognized on January 26, 2018, as the Plaintiff’s transfer of the claim against the Plaintiff to the Intervenor succeeding to the Plaintiff. Thus, there is no preserved claim against the obligee’s subrogation lawsuit against the Plaintiff.

Therefore, the Plaintiff’s lawsuit is unlawful.

2. The plaintiff's successor's claim

(a)the reasons for the attachment to the indication of the claim and each of the reasons for participation;

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment to recommend confession