1. The instant lawsuit shall be dismissed.

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

1. In determining the legitimacy of the instant lawsuit, the Plaintiff sought against the Defendant to deliver the instant apartment to the Korea Land and Housing Corporation in subrogation of the Korea Land and Housing Corporation by subrogation, on the premise that the Defendant acquired the right to return the lease deposit against the Korea Land and Housing Corporation (hereinafter “the instant apartment”) on the real estate listed in the attached list (hereinafter “the instant apartment”).

On the other hand, the creditor's subrogation right can be exercised by the creditor in order to preserve his/her claim only when the debtor does not exercise his/her right against the third debtor. If the debtor has already exercised his/her right at the time when the creditor exercises his/her right of subrogation, the creditor cannot exercise his/her right of subrogation on behalf of the debtor (see Supreme Court Decision 2008Da65839, Mar. 12, 2009). If the lawsuit filed against the third party on behalf of the debtor and the existing lawsuit between the debtor and the third party already decided are only the parties, and if the same lawsuit is substantially identical, the above final judgment is also effective by the creditor's subrogation right (see Supreme Court Decision 80Da2751, Jul. 7, 1981). Accordingly, in full view of the purport of arguments in Eul and evidence No. 1, the plaintiff's subrogation right of the Korea Land and Housing Corporation cannot be separately acknowledged as the plaintiff's right of subrogation between the defendant and the Korea Land and Housing Corporation.