1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 26, 2013, Youngnam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”) was declared bankrupt on September 26, 2013 by Busan District Court 2013Hahap16, and the Plaintiff was appointed as a trustee in bankruptcy.

B. The Plaintiff filed a claim for damages against C, etc., which was involved in a bad loan by Yong-Nam Savings Bank, as Busan District Court 2014Gahap42960.

C. The Plaintiff: (a) purchased real estate under the name of the Defendant, the wife; and (b) filed an application for provisional seizure against the Defendant’s real estate under the Busan District Court’s Dong Branch Branch Branch of the District Court (2014Kadan20439) on July 1, 2014, with respect to a claim for return of unjust enrichment on the ground of termination of title trust against the Defendant as a preserved right; and (c) rendered the provisional seizure order.

Accordingly, the Defendant filed a suit with Busan District Court 2016Kadan1006, and on May 30, 2016, the Plaintiff filed the suit in this case.

E. Meanwhile, in Busan District Court Decision 2014Gahap42960, the above court rendered a judgment against the Plaintiff on June 29, 2016.

Accordingly, the plaintiff appealed and continues to appeal (the Busan High Court 2016Na54162).

[Reasons for Recognition] Entry No. 1 of Eul and the purport of the whole pleading

2. The Plaintiff, ex officio, asserts to the effect that, as a matter of concern of compulsory execution, C, a person responsible for defective loan, purchased real estate in the name of the Defendant, and, instead, C, may exercise the right to claim compensation for damages against C by subrogationing C as a preserved bond, a claim for return of unjust enrichment on the ground of termination of title trust against the Defendant, and as a part thereof, seek payment of KRW 50 million.

However, in the creditor subrogation lawsuit, if the right of the creditor to be compensated by subrogation is not recognized, the creditor himself/herself becomes the plaintiff and he/she has no standing to exercise the debtor's right to the third debtor.