1. The defendant registered the Seoul Central District Court on June 29, 2004 with respect to the non-party B (C) with respect to the size of 50 square meters in the Dongjak-gu Seoul Central District Court D.

1. Basic facts (i.e., the Plaintiff filed a lawsuit against Nonparty B on July 29, 2005 and rendered a judgment of 2010 Ghana393 decided July 23, 2010 (hereinafter “instant judgment”) with the Seoul Central District Court (hereinafter “instant judgment”) that “the Defendant shall pay to the Plaintiff 19,292,678 won and 16,037,177 won per annum 19% per annum from March 5, 2010 to July 15, 2010; and 20% per annum from the following day to the date of full payment”. The judgment below stated that “The Defendant shall pay to the Plaintiff 19,292,678 won, and 16,037,177 won per annum from the next day to the date of full payment.”

8. 24. Finality was established.

B. The Defendant completed the provisional registration of ownership transfer claim (hereinafter “the provisional registration of this case”) which was completed on June 28, 2004 by the Seoul Central District Court’s registration office No. 2637, Jun. 29, 2004 with respect to the land owned by the Defendant on the basis of the transaction promise on June 28, 2004 with respect to the land owned by the Defendant (hereinafter “instant real property”).

Fidelity B does not have any property other than the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, fact-finding reply to the Minister of Court Administration and the purport of whole pleadings

2. Determination

A. In a case where the obligee’s right to the obligor, which is to be preserved by subrogation, is a monetary claim in the event that the obligee’s right to the obligor is a monetary claim in subrogation of the obligor, the obligee may exercise the obligee’s right to the third obligor on behalf of the obligor only when the obligor is insolvent. Thus, the insolvent as a requirement for subrogation of the obligee means that the obligor is not sufficient to pay, and in a case where it is particularly impossible to expect voluntary repayment, the repayment through compulsory execution should be considered. Therefore, the important consideration is to determine whether the obligor is a small property or active property, or a property that can conform

must be a lawsuit.

Therefore, if the provisional registration of the right to claim ownership transfer has already been completed in the name of a third party on the real estate that is the debtor's active property, compulsory execution is enforced.