A lawsuit in which the right of subrogation of a creditor is not recognized as a right of subrogation and is not qualified as a party;

Where a creditor of a creditor's subrogation is not entitled to a claim for registration of transfer of ownership of a real estate, it is illegal for a creditor of a creditor's subrogation to be a party.

1. The Plaintiff’s lawsuits against Defendant Kim○, Kim Jong-○, Lee Il-young, Lee Ho-○, Ma-○, Park Jong-○, and Korea are all dismissed.

2. A. As to each real estate listed in the separate sheet in the attached sheet to the Plaintiff, Defendant △△△ shall implement the registration procedure for transfer of ownership on February 11, 1988.

B. Defendant Hahsan:

(1) 피고 김△△, 김■■은 별지 목록 기재 각 부동산 중 각 1/4지분에 관하여 ○○지방법원 ○○등기소 1988. 2. 24. 접수 제5890호로 마친 소유권이전등기의 말소등기절차를 이행하라.

(2) As to the cancellation registration of transfer of ownership completed under No. 93231 on December 30, 1996, Defendant Sung○○○ and ○○○○○○ City on the first real estate listed in the separate sheet, the competent registry office of ○○○○ District Court rendered a declaration of consent.

(3) The defendant △△△△△ and the ○○○○ City shall declare their consent to the registration of cancellation of the transfer of ownership, which was completed under No. 93231 on December 30, 1996, on the ○○ District Court’s ○○○ Registry on the 2 real estate listed in the separate sheet.

3. 소송비용 중 원고와 피고 이□□, 김△△, 김■■, 성○○, 이△△, ○○시 사이에 생긴 부분은 위 피고들이 부담하고, 원고와 피고 김○○, 김□□, 이○○, 심○○, 박○○, 대한민국 사이에 생긴 부분은 원고가 부담한다.

이□□, 김△△, 김■■, 성○○, 이△△, ○○시에 대한 청구취지 : 주문 제 2항과 같다.

Defendant ○○○ District Court, ○○○○○○○○○, and Kim Jong-tae, completed on February 24, 198 with respect to one-fourths of each of the real estate listed in the separate sheet, with respect to each of the real estate listed in the separate sheet, the ownership transfer registration completed on December 30, 1996 by ○○ District Court ○○○○○○○○○○○ Registry Office 93231, which was completed on December 30, 1996, and the Defendant ○○○○○○○○○ Branch Office ○○○○○○○○ Registry 65296, which was completed on October 14, 1999; Defendant ○○○○○○ had the right to claim ownership transfer registration on each of the real estate listed in the separate sheet; Defendant 1 had the right to claim ownership transfer registration completed on September 1, 199, which was completed on September 1, 199 on each of the real estate indicated in the separate sheet; and Defendant 130○○○ registry.

1. Basic facts

A. Legal relationship on the register concerning the first real estate listed in the attached list (hereinafter referred to as "first real estate of this case")

(1) On May 7, 1975, ○○ District Court ○○○○ registry office and 5304 received on May 7, 1975, the registration of ownership transfer was completed under the name of the defendant of this case

(2) On February 24, 1998, the same registry office completed the registration of ownership transfer in the name of Magsan on the ground of sale and purchase on February 24, 198.

(3) On December 30, 1996, the registration of transfer of ownership in the name of the defendant Lee ○, which was received on December 30, 1996 by the same registry office, was completed on December 1996.

(4) The establishment registration of a mortgage was completed on September 1, 1997, No. 64074, and No. 50,000,000 on the ground of a contract to establish a mortgage on August 28, 1997, with the maximum debt amount of 50,000,000,000, the debtor Lee ○, and Defendant Park○-○, a mortgagee of a collective security interest

(5) On October 14, 1999, the provisional registration of the right to claim the transfer of ownership was completed on October 14, 1999 by the receipt No. 65296, and October 14, 1999.

(6) On April 27, 200, the registration of seizure under the name of the defendant Republic of Korea was completed on April 24, 2000 due to the attachment (tax 4610-2014) by the same registry office No. 26971, April 24, 200.

(7) On October 7, 2002, 86914, ○○ District Court 2002, ○○○○ District Court 2002Kadan1924, October 7, 2002, the provisional attachment registration of Defendant Sung-○○○ was completed due to the provisional attachment decision of ○○○ District Court 2002Kadan1924, which was 13,000,000.

(8) On February 20, 2003, the registration of seizure was completed under the name of the defendant Republic of Korea on the ground of seizure (○○4610-843) at the same registry office No. 13680, Feb. 15, 2003.

(9) On May 28, 2003, the registration of seizure was completed in the name of Defendant ○○ City, which was based on the seizure (tax affairs 13410-386) as of May 26, 2003, by the same registry office No. 44886.

B. Legal relationship on the register concerning the second real estate listed in the attached list (hereinafter referred to as "second real estate of this case")

(1) On May 7, 1975, ○○ District Court ○○○○ registry office and 5304 received on May 7, 1975, the registration of ownership transfer was completed under the name of the Defendant of this account.

(2) On February 24, 1998, No. 5890, which was received on February 24, 1998, the registration of ownership transfer was completed in the name of Magsan on the ground of sale and purchase on February 24, 198.

(3) On December 30, 1996, the registration of transfer of ownership in the name of the defendant Lee ○, which was based on sale on December 19, 1996, was completed as of December 30, 1996.

(4) The establishment registration was completed on September 1, 1997, No. 64074, and No. 50,000,000 won for establishing a contract on August 28, 1997, and the establishment registration was completed on the basis of the contract.

(5) On June 19, 199, the provisional attachment registration in the name of △△△ was completed on the ground of the claim amounting to 13,60,000 on the grounds of the 99Kadan2085 provisional attachment order issued by △△ District Court on June 16, 1999, which was the 19Kadan2085 provisional attachment order issued on June 16, 199.

(6) On October 14, 1999, the provisional registration of the right to claim the transfer of ownership was completed in the name of Defendant 1 ○○○, which was based on the trade promise on October 14, 1999, with the same registry office No. 65296.

(7) On March 4, 200, the registration of seizure was completed under the name of the defendant Republic of Korea on the ground of seizure (tax 4610-1126) by the same registry office No. 13747, Feb. 29, 2000.

(8) On February 7, 2005, the registration of seizure under the name of Defendant ○○-si was completed due to the seizure (tax affairs-2690) on February 7, 2005 by the same registry office No. 12056, Feb. 7, 2005.

[Ground of recognition] Unsatisfy, Gap evidence 3-1-4, all the arguments

2. The plaintiff's assertion

On February 11, 1988, the Plaintiff purchased each of the instant real estate from the Defendant Yoo-dong, and completed the registration of ownership transfer in the name of Park Jong-dong. Defendant ○○○ upon request from the Plaintiff for the registration of ownership transfer on each of the instant real estate on or around December 11, 1996. Since the registration of ownership transfer in the name of Defendant ○○ was completed in the future without authority different from the purport of the above delegation, the registration of ownership transfer in the name of Defendant ○○ is a registration of invalidation of the cause of the foregoing delegation. The registration of ownership transfer in the name of Defendant ○○-○, which is based on this, and the registration of the right to claim ownership transfer in the name of Defendant ○○○-○, who is the provisional attachment authority for the instant real estate 1, and the Republic of Korea, the Republic of Korea, ○○○-si, and the seizure authority, and ○○-si, all of the interested parties to the instant real estate, the title of each of the instant real estate is subject of disposition of ownership transfer.

한편, 이 사건 각 부동산에 관한 원고와 박□□ 사이의 명의신탁계약은 효력이 없으므로 박□□ 명의의 소유권이전등기는 원인무효등기이고, 박□□는 2003. 8. 25. 사망하여 자녀들인 피고 김○○, 김□□, 김△△, 김■■이 각 1/4지분씩 박□□의 권리의무를 상속하였다.

이에 따라 원고는 피고 이□□에게 이 사건 각 부동산에 관하여 1988. 2. 11. 매매를 원인으로 한 소유권이전등기절차이행을 구하고, 이러한 소유권이전등기청구권을 보전하기 위하여 피고 이□□을 대위하여, 피고 김○○, 김□□, 김△△, 김■■에게 별지 목록 기재 각 부동산 중 각 1/4지분에 관하여 박□□ 명의의 마친 소유권이전등기의 말소등기절차이행을, 피고 이○○에게 그 명의로 마친 소유권이전등기의 말소등기절차이행을, 피고 심○○에게 그 명의로 마친 소유권이전청구권가등기의 말소등기절차이행을 각 구하며, 피고 성○○, 대한민국, ○○시에게 이 사건 제1부동산에 관하여 마쳐진 피고 이○○ 명의의 소유권이전등기말소에 대한, 피고 이△△, 대한민국, ○○시에게 이 사건 제2부동산에 관하여 마쳐진 피고 이○○ 명의의 소유권이전등기말소에 대한 각 승낙의 의사표시를 구한다.

3. Determination

A. We examine whether the plaintiff's suit against the Republic of Korea is legitimate or not, ex officio, with respect to the judgment on the claim against the defendant Kim○-○, Kim Il-young, Lee Jong-young, Lee Il-young, Park Jong-○, Park Jong-○, and the plaintiff's suit against the Republic of Korea.

The evidence of evidence Nos. 5, 6-1, 2, 7, 8-1, 2, 9, 12-14, 15-1 through 12, and the witness testimony of ○○○○ alone is insufficient to recognize that the Plaintiff purchased each of the instant real estate from Defendant △△△ on February 11, 198, and there is no other evidence to prove otherwise.

Therefore, based on the premise that the Plaintiff has the right to claim the registration of ownership transfer of each of the instant real estate against Defendant △△, Kim Jong-○, Kim Il-young, Lee Il-young, Lee Ho-○, Park Jong-○, and the lawsuit brought against the Republic of Korea on behalf of the Defendant △, is an inappropriate lawsuit for which the right of subrogation of the obligee is not recognized as the right of subrogation

나. 피고 이□□, 김△△, 김■■, 성○○, 이△△, ○○시에 대한 청구에 관한 판단 피고 이□□, 김△△, 김■■, 성○○, 이△△, ○○시는 민사소송법 제150조에 따라 원고의 위 주장사실을 모두 자백한 것으로 본다.

따라서 피고 이□□은 원고에게 이 사건 각 부동산에 관하여 1988. 2. 11. 매매를 원인으로 한 소유권이전등기절차를 이행할 의무가 있다. 또한 피고 이□□에게, 피고 김△△, 김■■은 이 사건 각 부동산 중 각 1/4지분에 관하여 ○○지방법원 ○○등기소 1988. 2. 24. 접수 제5890호로 마친 소유권이전등기의 말소등기절차를 이행할 의무가 있고, 피고 성○○, ○○시는 이 사건 제1부동산에 관한 ○○지방법원 ○○등기소 1996. 12. 30. 접수 제93231호로 마친 소유권이전등기의 말소등기에 대하여 승낙의 의사표시를 할 의무가 있으며, 피고 이△△, ○○시는 이 사건 제2부동산에 관한 ○○지방법원 ○○등기소 1996.12.30. 접수 제93231호로 마친 소유권이전등기의 말소등기에 대하여 승낙의 의사표시를 할 의무가 있다.

4. Conclusion

그렇다면 원고의 피고 김○○, 김□□, 이○○, 심○○, 박○○, 대한민국에 대한 소는 부적법하여 이를 각하하고, 원고의 피고 이□□, 김△△, 김■■, 성○○, 이△△, ○○시에 대한 청구는 이유 있으므로 이를 인용한다.