1. The instant lawsuit shall be dismissed.

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

1. Summary of the plaintiff's assertion

A. The Plaintiff is the head of the C kindergarten, a private kindergarten established under the Early Childhood Education Act, and the Defendant is the person who acquired the shares of the attached property from D, and D is the founder of the C kindergarten, who permitted the use of the attached property for the kindergarten, and that the Plaintiff does not sell it to others or offer it as security.

B. D, in 191, accepted the Plaintiff’s use of attached real estate during the operation of the kindergarten and agreed not to sell it or offer it as security, but in violation of this, D completed the registration of ownership transfer on October 20, 2015 with respect to shares 1/12 out of attached real estate due to donation to the Defendant.

C. In light of the fact that the sale of kindergarten sites is prohibited under relevant laws, such as the Private School Act, registration of transfer of ownership above to the defendant of D is invalid.

Accordingly, the plaintiff seeks cancellation of the registration of transfer of ownership of the above share by exercising the creditor's subrogation right as the preserved right based on a written statement, and the defendant has a duty to comply with it.

2. Determination

A. In order to legally file a creditor subrogation lawsuit, the existence of the preserved claim, the necessity for preserving the claim, the existence of the subrogated right, the requirements for the obligor’s non-exercise of right, among which, the existence of the preserved claim, the necessity for preserving the claim, and the requirements for the obligor’s non-exercise of right, cannot be subject to the principle of confession as they fall under ex officio investigation as the requirements for litigation (see, e.g., Supreme Court Decision 2000Da42908, May 14, 2002). As an exercise of creditor’s subrogation right, if the claim is a monetary claim, it shall be determined as at the time of the closing of argument as necessary for the obligee to preserve the claim, and if it is necessary for the obligor to prevent the reduction of general property due to its insolvent,