1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by the defendant.

1. The reasons for this part of the basic facts are as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Paragraph (1).

2. Determination on the legitimacy of a lawsuit

A. The Plaintiff filed the instant lawsuit against the Defendant to perform the duty of delivery of the instant apartment in lieu of SA in subrogation of the Plaintiff’s claim for the refund of the sale price for EP in full in accordance with the instant assignment order, based on the preserved claim.

B. In a creditor subrogation lawsuit, if a creditor who is to be compensated by subrogation has no right to the debtor, the creditor subrogation lawsuit is unlawful because he/she is disqualified as a party (see, e.g., Supreme Court Decision 2009Da3234, Apr. 23, 2009). The Plaintiff received KRW 210,000,000 from SAD on December 16, 2016, since there is no dispute between the parties. Thus, the lawsuit in this case is unlawful since there is no preserved claim and the lawsuit in this case is filed by a person who is not qualified as a party.

3. The plaintiff's lawsuit of this case is dismissed on the ground that the judgment of the court of first instance is unfair on the ground of its conclusion, and the lawsuit of this case is dismissed, and the total cost of lawsuit of this case shall be borne by the defendant in consideration of all the circumstances shown in the pleading. It is so decided as per Disposition