1. The judgment of the court of first instance is modified as follows.

Part of the claim for extradition by subrogation among the lawsuits in this case.

1. The Plaintiff, the cause of the instant claim, asserts that the Defendant occupied the real estate indicated in the separate sheet (hereinafter “instant officetel”) without any legal cause. ① The Plaintiff seeks to deliver the instant officetel by subrogation, a trustee, on behalf of another real estate trust (hereinafter “living real estate trust”), and ② as the actual owner of the instant officetel, the Plaintiff directly seeks to deliver the instant officetel to the Defendant as a claim for the removal of interference based on ownership.

2. Determination

A. Whether there exists a creditor’s right to the debtor, which is to be preserved by subrogation in a creditor subrogation lawsuit against a part of a claim for extradition by subrogation, is an ex officio examination by the court as a requirement for a lawsuit.

(see, e.g., Supreme Court Decision 2009Da3234, Apr. 23, 2009). In cases where a creditor’s right to a debtor to be preserved by subrogation is not acknowledged in a creditor’s subrogation lawsuit, the creditor himself/herself becomes the plaintiff and becomes the third obligor, and such subrogation lawsuit is inappropriate and dismissed.

(See Supreme Court Decision 91Da13243 delivered on August 27, 1991, etc.). In full view of the purport of the entire pleadings as to the instant officetel No. 3, the registration of ownership transfer in the name of the Plaintiff was completed on April 25, 2005 as the receipt No. 20181 issued on April 25, 2005, it is recognized that the registration of ownership transfer in the name of the Plaintiff was completed in the name of the trustee due to the trust on the same day.

In the event that the Plaintiff does not terminate the real estate disposal trust agreement entered into with the real estate trust agreement, it cannot be deemed that the preserved claim that can be subrogated to the Plaintiff’s real estate trust has occurred.

According to the evidence No. 4 (Real Estate Disposal Trust Contract), a trustee may accept an application for the procedure from a truster and a beneficiary and accept it, or accept it by his/her own judgment.