1. The instant lawsuit shall be dismissed.

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

1. We examine ex officio the legitimacy of the instant lawsuit, ex officio, as to the determination of the legality of the lawsuit.

In the event that the creditor's right to the debtor is a monetary claim that is to be preserved by subrogation for the debtor, the creditor may exercise the creditor's right to the third debtor in subrogation of the debtor only when the debtor is insolvent.

(See Supreme Court Decision 2013Da96783 Decided May 14, 2015). The Plaintiff asserts that, inasmuch as Nonparty C, a debtor, borrowed KRW 18 million from the Plaintiff, but did not repay it, the Plaintiff was awarded a favorable judgment by filing a lawsuit claiming the return of the agreed amount against Nonparty C, the Plaintiff asserted that Nonparty C is insolvent, and that, in subrogation of Nonparty C, the instant claim is filed against the Defendant.

However, in the instant case, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that Nonparty C, the debtor, is insolvent, and there is no other evidence to acknowledge this differently, and thus, the Plaintiff’s claim in this case is unlawful as it is not recognized as

2. As to the existence of a subrogation claim (family judgment) and the existence of a subrogation claim, a family judgment is added.

The Plaintiff asserted that, as the Plaintiff concluded a title trust agreement with Nonparty C and purchased the instant real estate with the funds of Nonparty C, the Plaintiff terminated the title trust agreement in subrogation of Nonparty C, the Defendant should implement the procedure for the registration of ownership transfer of the instant real estate to Nonparty C.

However, there is no evidence that the Defendant asserted that there is a title trust agreement relationship with Nonparty C, and the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it, so there is no reason for the Plaintiff to assert

3. In conclusion, we decide to dismiss the plaintiff's claim of this case as per Disposition.