1. The instant lawsuit shall be dismissed.

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

We examine the defendant's main defense of safety.

1. The gist of the Plaintiff’s assertion is that a notary public against the Defendant seeks the exclusion of the executory power of the notarial deed in this case by asserting that the agreement to grant a loan and an executory power under the money loan agreement No. 468 of 2018 (hereinafter “notarial deed of this case”) was nonexistent or null and void.

2. In a case where a creditor subrogation lawsuit filed against a third-party debtor on behalf of a debtor is pending in the court, and a lawsuit is filed with the debtor and the third-party debtor who share the subject matter of the lawsuit with the creditor subrogation lawsuit, the latter lawsuit is the same lawsuit, and thus, the latter lawsuit is illegal lawsuit which violates the prohibition principle against double lawsuit. However, in this case, the criteria for determining the prior lawsuit and the subsequent lawsuit shall follow the prior time of the occurrence of the lawsuit.

In light of the above legal principle on May 22, 1992, the instant lawsuit is deemed to violate the prohibition principle against double filing, according to the following facts acknowledged by comprehensively taking account of the following facts, which are significant to the health department, the instant court, and the overall purport of the entries and arguments in the evidence Nos. 1 and 2, and the entire purport of the arguments.

① In subrogation of the Plaintiff against the Defendant, the Plaintiff, D et al. filed a lawsuit seeking the exclusion of the executory power of the notarial deed (hereinafter “instant obligee subrogation lawsuit”) with the Daegu District Court 2018Gahap208530 by asserting that “The instant notarial deed was prepared by commission of an unauthorized representative, and it is not effective as an executory power, and the Plaintiff’s act of assuming debt obligations through the preparation of the instant notarial deed is null and void.”

② The subject matter of the instant lawsuit and the subject matter of the obligee subrogation lawsuit are all “the right to object which generates the effect of removing executory power of the Notarial Deed,” and thus, the subject matter of the instant lawsuit is identical.

In this case.