1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s claim has a claim against B for transfer money.

B and the defendant share each real estate listed in the separate sheet, and B did not exercise the right to claim a partition of co-owned property against the defendant.

The plaintiff seeks the division of common property against the defendant in subrogation of B.

2. We examine ex officio the legality of the suit.

A creditor's subrogation lawsuit requires the existence of a preserved claim and the necessity of preservation, non-exercise of a debtor's right. Here, the necessity of preservation is closely related to the creditor's right to preserve and exercise of the debtor's right in subrogation of the debtor's right, and the creditor's exercise of his/her right in subrogation of the debtor's right is at the risk of not being able to obtain the complete satisfaction of his/her claim unless the creditor exercises his/her right in subrogation of the debtor's right, and thus it is necessary to ensure the effective and proper performance of his/her claim (see, e.g., Supreme Court Decision 2005Da39013, Jan. 27, 2006). (1) The plaintiff's right to make a partition of co-owned property on behalf of the debtor is exercised, and it is difficult to view that the debtor's claim is closely related to the debtor's monetary claim. (3) If the debtor shares are jointly owned and the debtor's prior right is recognized to be deducted only with the debtor's co-ownership of the auction procedure.