beta
Text
1. The part concerning requests for extradition among the instant lawsuits and the part concerning requests for payment in excess of the money as provided in paragraph 2 shall be dismissed.
2...
Reasons
1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties; there is evidence Nos. 1, 6, and 10; and the purport of the entire pleadings as to appraiser D.
The registration of ownership preservation has been completed on January 13, 2014 on the buildings listed in the attached list (hereinafter “instant building”) due to the entrustment of the registration of provisional disposition, E Co., Ltd. (hereinafter “E”).
B. On December 12, 2013, the Plaintiff leased KRW 70 million to E at least 36% per annum after five months from the date of borrowing interest, and within five months after the completion of the instant building.
C. The Defendants occupy the instant building from February 25, 2014 to the date of the closing of argument in the instant case.
The rent from December 23, 2014 to December 22, 2015 of the instant building is KRW 29.6 million (monthly rent 2,466,666).
2. Determination
A. In light of the determination as to the legitimacy of a request for extradition, the obligee may exercise the obligor’s right on behalf of the obligor in order to preserve the obligor’s claim. Thus, in cases where the obligee’s right to preserve is closely related and the obligee’s right to exercise the obligee’s right by subrogation is at the risk of not being able to obtain the complete satisfaction of his/her claim unless the obligee exercises his/her right by subrogation of the obligor’s right, and where it is necessary to ensure that the exercise of the obligee’s right by subrogation of the obligor’s right is valid and appropriate, barring special circumstances, such as the exercise of the obligee’
(See Supreme Court Decision 9Da38699 delivered on May 8, 2001). In order for a creditor to exercise the creditor's right to a third party based on the creditor's subrogation right in subrogation, the creditor's right to the debtor and this right should be preserved.