The judgment has yet to be effective even if the debtor was aware of the fact that the subrogated lawsuit was instituted by the debtor.

In a case where a creditor has filed a lawsuit against a third-party debtor by exercising a creditor's subrogation right, the judgment is effective only when the debtor has been aware of the fact that a creditor's subrogation lawsuit has been filed for any reason. In this case, if another creditor files a lawsuit based on the creditor's subrogation right of the same subject matter, the other creditor is subject to res judicata of the preceding lawsuit.

§ 404. Creditor's right of subrogation

Action for claimant subrogation, etc.

For 9 households among multi-household houses, in the name of Defendant Aa, the wife of kkk, and in the name of two households.

The registration of ownership transfer was completed in each BB and CCC name.

C. Tax claim against the plaintiff kk

kk runs construction business, etc. at 000,000,000 000 kk under the Plaintiff’s control.

The disposition imposing taxes on the total xx members from the director of the tax office as shown in the attached Form 00;

However, it was not paid but additional dues as of June 30, 2017, which filed the instant lawsuit by the Plaintiff.

The number ofx members, including the number ofx members, is delinquent.

D. kk's creditors' lawsuits against the Defendants

1) The defendants other than kk and defendant Aaa (hereinafter referred to as the "Bas defendants")

by subrogation against Defendant A in the [Attachment] List No. 0000da0000 (000Na0000)]

Implementation of the procedures for transfer registration of ownership due to the restoration of real estate stated in paragraph (4)

The suit was filed, and the judgment of accepting the claim for ownership transfer registration was rendered by the above court.

The judgment became final and conclusive.

2) The Fl, r, r, DD, EE, and F (hereinafter referred to as “lamp, etc.”) shall be 000 District Court against Defendant Aa.

kk and the rest of the Defendants in successive subrogation of 000 Ghana00 (00 High Court 000Na0000)

Defendant A has completed each of the real property listed in the separate sheet against the remaining Defendants

A lawsuit filed to implement the procedure for cancellation registration of transfer registration shall be filed in attached Form 4.

1) Judgment in favor of each other on the remaining real property excluding real property

Litigations listed in paragraphs (1) and (2) of this Article (hereinafter referred to as the “instant litigations”).

E. Death of the building ownerqq of the instant multi-household house

on November 22, 2009 and the property was killed on November 22, 2009, Defendant 6ff, his children;

kk without any substantive relationship between the owner of the multi-household housing and the owner of the multi-household housing and the defendant Aa

each of the above immovables entered into with the defendant Aa, the wife for the purpose of evading compulsory execution against such

Since it is reasonable to see that registration was made pursuant to the title trust agreement, the name of the actual right holder of real estate.

In accordance with Article 4 (1) of the Registration Act, the registration shall be null and void, and the defendant Aa shall kk and the defendant

The plaintiff who subrogated in order fff (the plaintiff is entitled to preserve each of the claims mentioned above against k as the preserved right.

kk on behalf of insolvent, and again kk's owner of the instant multi-household house in this case, or its owner.

The owner of the building shall be entitled to the claim for ownership transfer registration against the heir as the preserved right; and

As to the share of Defendantfff 1/25 out of each registration of ownership transfer

There is an obligation to implement the procedure for cancellation registration.

1) Defendant Aa did not participate in the instant construction at all. Each real estate listed in the separate sheet.

At the time when the registration of transfer of ownership is completed under Defendant Aaaa, kk's obligations against the Plaintiff.

It seems that there were considerable debts, including but not limited to no other assets.

2) The name of the defendant as to each real estate listed in the separate sheet in the pertinent litigation in the instant case

Registration of transfer of ownership is made through title trust under Article 4 (1) of the Real Estate Real Name Act.

For the reason that it is invalid, each of the above subparagraphs shall apply to the owner of the apartment house in this case against Defendant Aa.

ownership transfer registration due to the restoration of real estate in real name; or

The decision that ordered the cancellation registration procedure for ownership transfer registration was made final and conclusive.

3) Defendant Aa also has completed each real estate listed in the separate sheet in Defendant Aaa in the future.

The transfer registration is invalid.

4. Determination as to Defendant Aa and other Defendants

(a) A seizure or provisional seizure against a claim for registration of transfer of ownership shall be a claim for registration against a claim;

service of the decision to the debtor and the third debtor, not to the subject property;

In addition, there is no way to publish such fact in the register under the current law, and the creditor and debtor concerned.

and the third party having no relation with seizure or provisional seizure, only between the debtor and the third party.

because the effect of the prohibition of disposition of seizure or provisional seizure cannot be asserted against the party;

Attachment or provisional attachment of a right to claim ownership transfer registration shall be the disposal of the subject real estate itself.

There is no physical effect prohibited, and even if there is a provisional seizure against a claim, this shall not apply by the debtor.

The debtor is prohibited from collecting benefits from the third debtor in reality, and therefore the debtor is also the debtor.

action may be brought against a third party debtor seeking the performance thereof, and the court shall become a provisional seizure

Although it can not be rejected on the ground that there is a judgment ordering the registration of transfer of ownership.

When this becomes final and conclusive as a judgment ordering a statement of intention, the obligor unilaterally registers the transfer.

Since the third debtor can file an application and there is no way to block it, it cannot be seen as above.

In such a case, the court shall, unless the provisional seizure is subject to the rescission thereof.

shall not be cited, and even in the case of a provisional disposition, such provisional disposition shall also be

Only on condition of cancellation, the performance of the procedures for ownership transfer registration may be ordered (Supreme Court Decision 201Do199 delivered on February 2, 199

9. Decision 98Da42615 delivered on the grounds of appeal

B. In light of the above legal principles, the remaining Defendants’ cancellation of provisional attachment claim for ownership transfer registration.

Subject to the conditions that such transfer will be made, on December 2, 2005, the procedure for ownership transfer registration to H under an accord and satisfaction agreement.

performance has the obligation to perform.

Therefore, kk's decision on the provisional seizure of ownership transfer registration claim No. 0000Kadan000 by 000 district court 000

Defendant BBB, CC, D, and e, subject to the cancellation of the enforcement by the Corporation, are listed in the respective Schedule, respectively.

With respect to each share of 1/5 of the immovable property, defendantfff, gg, hh, c, j, j, each entry in the separate sheet.

With respect to shares 1/25 of immovable property, due to an agreement on payment in kind in each case

The plaintiff is liable to implement the procedure for ownership transfer registration (the plaintiff is a creditor of kk with no financial resources).

In order to preserve its claim, kk may seek its implementation on behalf of the Minister of Justice.

5. Conclusion

A. Defendant B BB with respect to each real estate listed in the separate sheet among the lawsuits against Defendant Aa against the Plaintiff

ccc, D, e, e, gg, hhh, j, j in the Schedule 4.

The portion sought by subrogation of Defendant 6ff on real estate shall be dismissed in an unlawful manner, and the list in the attached Form

The reasons why the part on which defendantff is sought in subrogation of the real estate mentioned in paragraphs 1, 2, 3, 5, 6, and 7

this shall be quoted in this case.

B. The Plaintiff’s claim against Defendant BB, CC, dd, e, e, fff, gg, hhh, 3, j is within the scope of the recognition above.

Each claim shall be accepted for the reasons within the limit of time, and each claim shall be dismissed.

1) In the foregoing case, the part of the claim against the real estate stated in the separate sheet No. 4 was dismissed on the ground that the res judicata effect of the lawsuit in the above Paragraph 1 extends to kk, the debtor.

2) It is difficult to deem that Defendantfff was aware of the fact that both the instant lawsuit and the instant lawsuit were pending by public notice.

3) It is limited to the part on which the Plaintiff seeks cancellation of the registration of ownership transfer of each real estate listed in the separate sheet Nos. 1, 2, 3, 5, 6, and 7 by subrogation of kk and Defendant fff in succession.

AAAA

aa and 9 others

Gg, Hh, 3,j have jointly succeeded to.

F. kk's decision on provisional seizure of the right to claim ownership transfer registration against the remaining Defendants

GGG may claim for the agreed amount with respect to k as the District Court 0000Kadan0000, May 16, 2017, 000

kk's remaining Defendants with preserved bonds in accordance with this case's accord and satisfaction agreement

The provisional attachment was decided on the right to claim ownership transfer registration of each real estate recorded in the list.

Grounds for Recognition

aa, bb, cc, cc, e, fff, j: In the absence of dispute, each entry in Gap evidence 1, 4, 5, 14;

The purport of all pleadings

ddd, gg, hh, iii: each confession.

2. Determination ex officio as to the legitimacy of the action against Defendant Aa

A. Relevant legal principles

Any creditor may bring a lawsuit against a third party obligor by exercising a creditor's subrogation right.

If the debtor has received a judgment, for any reason, the debtor has filed a creditor subrogation lawsuit.

Since the judgment has become effective only when the facts were known to the obligor, such judgment has no effect on the obligor.

Then, other creditors are entitled to a creditor's subrogation of the same subject matter.

Where a prior suit is filed, res judicata of the prior suit is subject to res judicata (Supreme Court Decision 93Da52808 delivered on August 12, 1994, etc.)

[Reference]

In addition, registration of ownership transfer due to the restoration of real name allowed in lieu of registration of cancellation.

The right to claim and the right to claim cancellation of the registration of invalidation shall be restored, and the name of the true owner shall be restored.

(1) The purpose of this section is substantially the same, and all of the two claims are the interference of ownership.

Inasmuch as the legal basis and nature of the claim are the same as that of the claim, the former is a transfer registration and the latter is a horses.

Even if the form of registration of a lawsuit is taken, the subject matter of the lawsuit is the same in substance (Supreme Court Decision 2009.

1. 15. See, e.g., Supreme Court Decision 2007Da51703 Decided 15.

B. Determination

1) Section 4 of [Attachment A] against Defendant Aa in subrogation of km and the other Defendants in succession.

The filing of a lawsuit claiming ownership transfer registration for the restoration of real estate recorded in the record;

As seen earlier, in full view of the aforementioned evidence and the purport of the entire argument, the above facts are examined.

In a lawsuit, L having claimed payment of settlement money against kk in addition to Defendant Aaa.

In full view of the above facts of recognition, kk, a person who is the subrogation, has been involved in the said lawsuit as a party.

As such, it is reasonable to see that the above creditor's subrogation lawsuit was known. Therefore, the above is justified.

Res judicata of a final and conclusive judgment shall apply to the real estate stated in paragraph (4) of the attached Table among the plaintiff's lawsuits

In the premise that the transfer registration of ownership completed in the name of aa is null and void, the transfer registration is filed.

It also extends to the part requesting the cancellation registration.

2) The separate sheet against Defendant Aa in subrogation of kk and the other Defendants in succession.

With respect to each immovable property, the filing of a lawsuit claiming ownership transfer registration on the ground that the cause thereof was void.

As seen earlier, in full view of the aforementioned evidence and the purport of the entire argument, the above facts are examined.

In a lawsuit, Lamp et al., kk et al. request the Defendants to comply with the procedures for ownership transfer registration.

The plaintiff also filed a complaint with Gap's certificate No. 4 in this case.

Facts submitted as evidence of a judgment in a lawsuit shall be clearly recorded: Provided, That the lawsuit instituted by a slotl, etc. shall be deemed as evidence.

bbb, ee,fff, and hh have been in progress by service, and in the case of this case fff, jj

The procedure was initiated by public notice. Comprehensively taking account of the above facts of recognition, kk and the remainder

In this lawsuit filed by subrogation of the Defendants in succession, the remaining Defendants are in relation to kk.

It is reasonable to view that the defendants except the defendantfff2 among the remaining defendants were aware of the fact that the above creditor subrogation lawsuit was filed.

3) Ultimately, as to each real estate listed in the separate sheet among the lawsuits against Defendant Aa against the Plaintiff

Bbb, cc, ddd, e, gg, hh, j, seeking the cancellation of ownership transfer registration in lieu of c, c, dd, e, g, hh, j.

Registration of transfer of ownership in subrogation of Defendantfff for the real estate listed in attached Form 4 and attached Table 4

The part seeking cancellation is unlawful because there is no benefit from the protection of rights (Supreme Court Decision 191Do145, Nov. 14, 2017).

2017Da23066, supra.

3. Determination as to Defendant Aa 3

(a) A preserved bond and k's insolvent;

1) As seen earlier, the Plaintiff’s aforementioned evidence that there was a x source tax claim against km.

And according to the entry of No. 3 and the purport of the whole pleadings, k does not have any active property.

Facts are recognized.

2) As to this, Defendant Aa has completed the future of Defendant Aa with respect to each real property listed in the separate sheet.

Since each transfer registration is null and void, each of the above real estate shall be included in active property, and

kk asserts that active property is not insolvent.

insolvency as a requirement for subrogation means that there is no debtor's ability to repay, in particular:

If it is not possible to expect voluntary repayment, repayment through compulsory execution shall be taken into account, so that the lawsuit

The ability to repay whether it is a property or active property, or a property that can meet the above purpose;

It should be an important factor to consider whether or not there is a judgment (Supreme Court Decision 2008Da76556 Decided February 26, 2009).

(Supreme Court Decision)

In light of the above legal principles, kk's other obligees in the case of this case

Aa In the instant suit, the instant suit was filed against the Defendant Aa, and in the said suit the remainder

To the Defendants, for the restoration of authentic title in respect of real estate listed in the Schedule No. 4

The reason for the registration of ownership transfer, each real estate listed in attached Tables 1, 2, 3, 5, 6, and 7;

was sentenced to the execution of the procedure for cancellation registration of ownership transfer on the ground that it is invalid;

The above judgment has become final and conclusive as seen earlier. However, the above judgment has become final and conclusive.

Even if the judgment became final and conclusive, kk's other creditors through the execution of the above final and conclusive judgment.

The registration of ownership transfer for each real estate listed in the separate sheet

After completion (or after cancellation of each registration of transfer of ownership that has been completed in the future of Defendant Aaa), kk

In the future, the plaintiff et al. shall complete the registration of transfer of each real estate listed in the attached list.

k's creditors are subject to compulsory execution with the assets of k's respective real estate listed in the separate sheet.

kk's current real estate stated in the separate sheet

There is no evidence to prove that the registration of ownership transfer has been completed. kk also does not have any evidence against the plaintiff.

In addition to the tax liability, the defendant Aaa, who is the wife of kkk, bears several obligations in addition to the tax liability.

kk also completed the registration of ownership transfer of each real estate entered in the list. kk has completed the registration on the plaintiff.

It is difficult to expect that the Defendant will pay at will the tax liability to be borne by the Defendant.

A. This part of the argument in aa is without merit.

(b) the existence of subrogation claims

Fff is the deceased’s share (1/5 shares) from the deceased who was the owner of the instant multi-household house.

The facts of succession to 1/5 are as seen earlier, and the evidence mentioned above and evidence No. 2, respectively.

Comprehensively taking into account the following circumstances acknowledged as a whole the purport of the entire pleadings:

registration of transfer of ownership in the name of Defendant Aa in respect of each immovable described in paragraphs 1, 2, 3, 5, 6, and 7, shall be subject to this

November 22, 2018

1. Of the Plaintiff’s action against Defendant Aa, the part on which Defendant BB, CC, Ddd, e, gg, hhhh, j is sought to cancel the ownership transfer registration by subrogation of Defendant BB, cC, dd, e, gg, hhh, hhh, j, and the part on which Defendant F is sought to cancel the ownership transfer registration by subrogation of Defendant F.

2. Defendant Aa will implement the registration procedure for cancellation of each transfer of ownership completed with the corresponding receipt date and receipt number as stated in the Schedule Nos. 1, 2, 3, 5, 6, and 7 with respect to each of the real estates listed in the Schedule No. 1, 2, 3, 5, 6, and 7 with respect to each of the real estates listed in the Schedule No. 000 District Court 00,000.

3. kk on the condition that its execution is cancelled by the decision of the provisional seizure of the right to claim ownership transfer registration of 000Kadan0000 on May 16, 2017:

(a) As to each portion of the real estate listed in the separate sheet, Defendant BB, CC, D, e, and e, with respect to each of the following shares:

B. As to the portion of 1/25 of each of the real estate listed in the separate sheet by Defendant Fff, gg, hh, hh, j

On December 2, 2005, the procedure for ownership transfer registration due to a payment agreement will be implemented.

4. The plaintiff's remaining claims against the defendant BB, CC, dd, e, fff, gg, hhh, 3, j are dismissed, respectively.

5. Of the costs of lawsuit, 90% of the portion arising between the Plaintiff and Defendant Aaa is to be borne by the Plaintiff, the remainder is to be borne by the Defendant Aa, and 50% of the portion arising between the Plaintiff and Defendant Bb, Cc, D, e, e,fff, g, hhh, hhh, hh, j, j is to be borne by the Plaintiff, and the remainder is to be borne by the Defendants.

Note 1. Defendant Aa. D, e, e, fff, ggg, hhh, j, and j with respect to each of the real property listed in the separate sheet, Defendant BB, CC, Dd, e, e, gg, hh, hh, and j will implement the procedure for registration cancellation of each ownership transfer registration completed with the corresponding date of receipt and the receipt number stated in the separate sheet.

2.kk: Defendant BB, Defendant CC, Defendant Dd and Defendant e, among the real estate listed in the separate sheet.

With respect to each share of one fifth, defendantfff, gg, hh, j, j is among the respective real property listed in the separate sheet.

On December 2, 2005, with respect to one twenty-fifths of shares, each procedure for the registration of ownership transfer due to an accord and satisfaction agreement shall be implemented.

1. Basic facts

A. On May 2, 2003, 2003, 000-Gu 00-Gu 00 - 354-12, 354-12, 1) Lamp and mm, nn, Doo, and p were to be awarded a contract for new construction of 00 m-Gu 00 00 00 - 354-8 1500 m2.3 2.6 billion m2. (hereinafter referred to as the “instant contract”). On the part of the contractor, the construction contractor newly constructed the said apartment and provided the owners with 10% of the above apartment area and 50% of the underground area, and the remaining household is to be sold in lots and appropriated for the construction cost.

2) On December 1, 2003, the above land was divided into the above 00 - 354-8 - 720.5 - 354-12 - 779.8 - on February 13, 2004, with the owner of the building on February 13, 2004 the above 00 - 354-8 - 354-8 - multi-household 2 - multi-household 1 (hereinafter referred to as the "multi-household 4 - multi-household - multi-household 9 - the owner of the building of this case such as Defendant Bbbb - 354-8 - - the owner of the building of this case - the owner of the building of this case - the owner of the apartment apartment apartment r, rr, ssss, t, u, v n, 5 - m, 4 - the owner of each of the building.

3) When KRk revoked its construction business license of 0000 corporation and no longer can continue to implement construction under its name, it succeeded to the status of the contractor under the instant contract around May 29, 2005 (hereinafter referred to as KRk, 000 on the side of the construction work of this case) by lending the name of 000 corporation (hereinafter referred to as '00 corporation prior to the alteration'), and obtained approval for the use of the said multi-household newly constructed around September 7, 2005.

4) On December 2, 2005, kk agreed with the owner on December 2, 2005, to transfer the ownership of 11 households among the instant multi-household housing and two households among the instant apartment units in lieu of the payment of the instant construction cost (hereinafter “instant payment agreement”). In lieu of the owner of the instant multi-household housing and the owner of the instant multi-household housing in lieu of the payment of KRW 800 million out of the construction cost, kk drafted a payment contract in lieu of the owner of the instant multi-household housing in lieu of the payment of KRW 100 million among the instant construction cost.

B. Current status of registration of multi-household housing in this case

The building owner of the instant multi-household house shall complete the registration of ownership preservation on each 1/5 share of each of the households prior to the instant multi-household house on November 3, 2005, including each real estate listed in the attached Table.