1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On May 9, 1915, the network D was assessed on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On November 29, 1993, Defendant B completed registration of preservation of ownership (hereinafter “registration of preservation of ownership of this case”) based on a letter of guarantee that the above Defendant actually purchased and owned each of the instant real estate under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”).

C. On August 1, 2014, Defendant C completed the registration of transfer of ownership based on the sale of each of the instant real estate (hereinafter “instant registration of transfer of ownership”).

[Reasons for Recognition] Facts without dispute, Gap 3, 4 (including each number), the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. Each of the instant real estate, which is the cause of the instant claim, is the land in which the network D was under the circumstances. The Plaintiff purchased this by the father E, but donated this to the Plaintiff, but Defendant B completed the registration of ownership preservation under the Act on Special Measures without permission. Therefore, the Plaintiff sought the cancellation of the instant registration of ownership preservation and the ownership transfer registration by subrogation of the deceased D’s heir.

B. In a creditor subrogation lawsuit, where the right of the creditor to be preserved by subrogation is not acknowledged as to the debtor, the relevant subrogation lawsuit is unlawful, as the creditor himself/herself becomes disqualified as a party to exercise the right of the debtor against the third debtor.

(See Supreme Court Decision 2005Da27188 Decided September 29, 2005, etc.). The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff has a right to claim ownership transfer registration on the ground of sale against the deceased D’s heir, a real estate assessment titleholder of each of the instant real estate, and there is no other evidence to acknowledge it. Thus, the instant lawsuit is subject to creditor subrogation lawsuit.