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1. The plaintiff's action against the main claim added in the trial shall be dismissed.
2. The plaintiff's appeal is dismissed.
3...
Reasons
1. The fact that the establishment registration of each mortgage contract and the provisional registration of ownership transfer claim was completed on the basis of each mortgage contract as stated in the above purport of claim between the Defendants and B is not in dispute between the parties concerned.
2. Judgment as to the main claim
A. The registration of the establishment registration of a neighboring mortgage and the right to claim transfer of ownership in the name of the Defendants as to each real estate listed in the separate sheet stating the gist of the Plaintiff’s assertion was completed in collusion with the Defendants for the purpose of evading the property of Q Q, whose father is his husband, and concealing the price. Since the Plaintiff and other siblings E, including the Plaintiff, claimed their rights, the registration of invalidation completed without any cause is completed in collusion with the Defendants for the purpose of avoiding the obligation to be borne by them, and the Plaintiff seek cancellation of the registration of the establishment registration of a new mortgage and the right to claim transfer of ownership by subrogation of B with the Defendants on behalf of B as the preserved bond.
B. In light of the judgment, where the creditor's right to the debtor who is to be preserved by subrogation is a monetary claim, the creditor may exercise his/her right to a third party on behalf of the debtor only when the debtor is insolvent (see, e.g., Supreme Court Decision 2008Da76556, Feb. 26, 2009). In this case, there is no evidence to prove that B, the debtor, is insolvent, and there is no evidence to prove that B, as the creditor against B, sought cancellation of the registration of the establishment of a mortgage and the right to claim ownership transfer on behalf of the creditor, the plaintiff's claim for this part, which does not meet the requirements for the creditor's right to exercise the creditor's right, is unlawful.
Even if family affairs are insolvent, the establishment registration of a neighboring mortgage can be conducted in the judgment of the merits.