1. The case shall be dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On June 18, 2013, the Plaintiff filed an application for an order to pay the amount of subrogated payment pursuant to a credit guarantee agreement with the Jung-gu District Court High Court Decision 2013Hu4720, the Plaintiff issued a payment order (hereinafter “instant payment order”) stating that “C shall pay to the Plaintiff the amount of KRW 2,214,910 as well as 14% per annum from September 26, 2012 to May 30, 2013 (the service date of the original copy of the payment order) and 20% per annum from the next day to the day of full payment (hereinafter “instant payment order”). The instant payment order was finalized on June 14, 2013.

B. C and the Defendant own 1/2 each of the instant land, and the registration of creation of a mortgage in the name of the obligor, the mortgagee, the mortgagee, and the Korea Livestock Cooperative under the name of the Korea Livestock Cooperative (hereinafter “instant mortgage registration”) was completed with respect to the instant land.

C. C does not have any property other than the share of 1/2 with respect to the instant land, and the Plaintiff did not file an application for a compulsory auction with respect to the share of C among the instant land.

[Grounds for Recognition]

2. The plaintiff's assertion and judgment

A. The plaintiff is the creditor of C, and C is insolvent because there is no other property than the co-ownership share with respect to the land of this case. Thus, the plaintiff can seek a partition of co-owned property against the defendant in subrogation of C, and since it is difficult for C to divide the land of this case in kind, and if the land of this case is divided in kind in kind, it is likely to cause damages due to a sharp decrease in its price. Thus, the plaintiff

B. We examine ex officio the legality of the instant lawsuit.

The obligee's subrogation lawsuit requires the existence of the preserved claim and the necessity of preservation, and the non-exercise of the obligor's right. Here, the necessity of preservation is closely related to the obligor's right to exercise by subrogation and the obligee's right to exercise by subrogation.