1. The instant lawsuit shall be dismissed.

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

1. On December 2, 2015, Nonparty B purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant, and the instant real estate was completed on February 2, 2018 and completed registration of preservation of ownership in the Defendant’s name on March 7, 2018.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 5, and the purport of the whole pleading

2. On May 18, 2016, the Plaintiff asserted the cause of the Plaintiff’s claim, purchased the sale right of the instant real estate from Nonparty B by means of resale of the sale right.

Therefore, the plaintiff has the right to claim the ownership transfer registration against the non-party B, and the non-party B does not exercise the right to claim the ownership transfer registration against the defendant. Therefore, the plaintiff seeks implementation of the ownership transfer registration procedure in the future of the non-party B on behalf of the defendant in order to preserve the right to claim the ownership transfer registration against the non-party B.

3. It is not sufficient to acknowledge that the Plaintiff purchased the real estate of this case directly from Nonparty B with only the statement of No. 2 and the record of No. 2, and there is no other evidence to acknowledge it.

Therefore, the instant lawsuit, which constitutes a creditor subrogation lawsuit, is not acknowledged as the existence of a preserved claim, which is the premise for the exercise of the right to demand subrogation. Thus, the instant lawsuit is unlawful as it is not acknowledged as the Plaintiff’s standing to file the instant lawsuit.

4. According to the conclusion, the Plaintiff’s lawsuit of this case is unlawful and thus, it is so decided as per Disposition.