Seoul Southern District Court 2012Na51283 (Law No. 18, 2013)

Where a creditor's subrogation lawsuit is not recognized as a right to the debtor, the creditor subrogation lawsuit is illegal.

In a creditor subrogation lawsuit, in case where the right of the creditor to be compensated by subrogation is not recognized as to the debtor, the creditor himself/herself becomes the plaintiff and is no longer entitled to exercise the right of the debtor to the third debtor, so the subrogation lawsuit shall be dismissed in an unlawful manner.

2013Da210107 Registration of cancellation of ownership

IsaA

1.PB 2.ACC 3.ND 4.OO for the Republic of Korea 5.OO

Seoul Southern District Court Decision 2012Na51283 Decided July 18, 2013

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided