1. The plaintiff's lawsuit shall be dismissed.

2. The plaintiff's successor's claim is dismissed.

3. The plaintiff among the costs of lawsuit.

1. Basic facts

A. On November 30, 2007, Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) loaned KRW 11,700,000 to B on November 30, 2007.

B. On December 28, 2011, Hyundai Capital transferred the claim for the above loans to the Plaintiff, and notified B of the transfer of the claim.

On January 26, 2018, the Plaintiff transferred the above loan claims to the Intervenor succeeding to the Plaintiff, and notified B of the transfer of the claim.

[The amount of the above loans as of January 24, 2018 is KRW 20,050,673 in total (=interest of KRW 12,61,310 in total).

On the other hand, the registration of the establishment of a neighboring land was completed on the ground of the contract concluded on March 8, 2007, under the 5330 of receipt on March 14, 2007, as the 50,000,000 won of the maximum debt amount, B, the debtor, the mortgagee, the mortgagee, and the mortgagee of the right to collateral security on March 8, 2007.

(hereinafter the above right to collateral security (hereinafter referred to as the “instant right to collateral security”). [In the absence of dispute, Gap 1-4 evidence (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination ex officio as to the legitimacy of the plaintiff's lawsuit

A. Whether a creditor’s right to the debtor exists to be preserved by subrogation in a creditor subrogation lawsuit is a matter of ex officio investigation by the court. As such, the court is obligated to verify the existence of a preserved claim by further deliberation and investigation ex officio if any circumstances are discovered to suspect the existence of the preserved claim after examining all the litigation materials presented to the court. If there is no preserved claim as a result of the examination, the creditor subrogation lawsuit is unlawful and dismissed.

(See Supreme Court Decision 2009Da3234 Decided April 23, 2009). B.

The plaintiff submitted a written withdrawal from a lawsuit, but failed to obtain the defendant's consent to withdrawal, so the plaintiff's lawsuit of this case is legitimate in light of the above legal principles.