1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s assertion that Nonparty D holds the claim against Nonparty C with “58,00,000 won and damages for delay thereof” against Nonparty C, and the Plaintiff acquired the above claim from D on November 9, 2018, and delegated D with D the authority to notify the assignment of claim, and notified C of the assignment of claim on November 22, 2018, and the notification reached C on November 26, 2018.

On the other hand, the real estate listed in the attached list (hereinafter referred to as the "real estate of this case").

A. Nonparty C owned the instant real estate, and the title trust was made under the name of the Defendant and Nonparty E, the denyingr of the instant real estate, and the Defendant alone transferred all the shares in the name of the Defendant, and registered the ownership transfer of the instant real estate.

Accordingly, the Plaintiff is liable to implement the registration procedure for transfer of ownership based on the termination of the title trust agreement on the date of service of the above duplicate, as the Plaintiff’s service of a copy of the claim and the application for modification of the cause of the claim, on November 4, 2019, and the title trust agreement between C and the Defendant in subrogation of the obligor C.

2. Determination

(a) Where the creditor's right to the debtor, which is to be preserved by subrogation, is a monetary claim, the creditor may exercise the debtor's right to the third debtor on behalf of the debtor only when the debtor is insolvent;

(Supreme Court Decision 2013Da96783 Decided May 14, 2015). B.

With respect to the instant case, even if based on all the evidence submitted by the Plaintiff, it is not sufficient to recognize the debtor’s insolvency, and there is no other evidence to acknowledge it. Therefore, the instant lawsuit is unlawful as there is no need to preserve it.

C. Even if not,

Even if C is a title trust of the instant real estate to the Defendant, C is solely based on the following: (a) each description of Gap evidence Nos. 7 through 13 (including numbers; hereinafter the same shall apply) and the Defendant’s personal examination result.