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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The AF clan (hereinafter “instant clan”) held title trust with each one-third share of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the network AG, the network AH, and the network AI.
B. Following the death of the above network AG, network AH, and network AI, the Defendant’s inheritance shares in the instant land are as indicated in the “instant land share” column in attached Table 2.
C. The instant clan filed a lawsuit against the deceased AG, the deceased AH, and the deceased AI’s heir for the registration of ownership transfer based on the termination of title trust with the Daejeon District Court 2001Kahap7180, which won the judgment on June 20, 200, and the said judgment became final and conclusive around that time.
Defendant Z, AC, the former heir of the network AI, reported the renunciation of inheritance on November 19, 2010 by the Daejeon Family Court 2010-Ma1590 and the court 2010-Ma16000. The above court accepted the report of renunciation of inheritance on November 25, 2010.
E. On May 4, 2014, the instant clan decided to title trust the instant real estate with the Plaintiffs’ joint ownership, and around June 2016, the instant clan concluded a title trust agreement with the Plaintiffs regarding the instant real estate.
[Based on recognition] For Defendant Z and AC: As to the remaining Defendants indicated in Gap evidence Nos. 2, 4, 6, 9, and 10 (including branch numbers): Confession (Article 150(3) of the Civil Procedure Act)
2. Whether the lawsuit of this case is lawful
A. In order to preserve the right to claim for ownership transfer registration based on the title trust agreement with respect to the clan of this case, the Plaintiffs seek against the Defendants for the implementation of the procedures for ownership transfer registration regarding each of the instant real estate in subrogation of the clan of this case.
B. We examine ex officio the lawfulness of the instant lawsuit.
1. In a creditor subrogation lawsuit, where the right of the creditor to be preserved by subrogation is not recognized, the creditor himself/herself becomes the plaintiff and the debtor.