1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On October 13, 2009, D forest land 1653 square meters (hereinafter “instant land before the instant subdivision”) was divided into 1090 square meters of D forest land (hereinafter “instant land”) and 563 square meters of C forest land (hereinafter “instant land”). The land before the instant subdivision owned 563 square meters of 1653 and 1090 square meters of E, respectively, at the time of the division.

B. On October 23, 2009, the above E donated 1090/1653 shares of the land Nos. 1 and 2 of this case to the Plaintiff, and the registration of transfer of ownership in the name of the Plaintiff was completed on the same day.

C. As to the land Nos. 1 and 2 of this case, the Plaintiff owns 1090/1653 shares and 563/1653 shares, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The plaintiff asserted that the defendant and E agree to divide the forest land of this case before the division of this case around September 2009, and that the land of this case 1 is owned by E, and that the land of this case 2 is divided as owned by the defendant, respectively. In subrogation of Eul, the plaintiff shall acquire the plaintiff's share of the land of this case 2 from the plaintiff, and at the same time the plaintiff shall obtain the ownership transfer registration procedure with respect to the defendant's share of the land of this case

3. We examine the judgment, and in a case where a creditor who is to be preserved by subrogation in a creditor subrogation lawsuit is not admitted the right to be preserved against the debtor, the creditor himself/herself becomes the plaintiff and has no standing to exercise the debtor's right to the third debtor, and thus, the subrogation lawsuit is unlawful and dismissed.

(See Supreme Court Decision 2003Da46475 delivered on February 13, 2004, etc.). In this case, the Plaintiff asserts that E exercises the right to claim ownership transfer registration under the co-owned property partition agreement against the Defendant, and therefore, the Plaintiff has the right to preserve the land E by subrogation of the creditor.