1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion has a total of KRW 536,278,820, including value-added tax, against C Co., Ltd. (hereinafter “C”).

C around 2015, upon receipt of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) from B, B and the Defendant entered into a title trust agreement with the Defendant to complete the registration of ownership transfer with respect to the instant real estate under the name of the Defendant. Accordingly, B entered into a sales contract with the Defendant on the same day (hereinafter “instant sales contract”). On January 11, 2016, the registration of ownership transfer under the name of the Defendant for the instant sales contract was completed. The instant sales contract was due to an invalid title trust agreement pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name.

The plaintiff as a creditor of C shall cancel the sales contract of this case by subrogation of C.

Therefore, the defendant is obligated to implement C the procedure for ownership transfer registration on the instant real estate on the ground of the restoration of real name.

2. In a case where the obligee’s right to the obligor, which is to be preserved by subrogation, is a monetary claim in the event that the obligee’s right to the obligor is to be preserved by subrogation (ex officio determination), the obligee may exercise the obligee’s right to the third obligor by subrogation of the obligor only when the obligor is insolvent (see Supreme Court Decision 2008Da76556, Feb. 26, 2009). In a case where such preservation is not deemed necessary, the lawsuit is unlawful and dismissed.

(Supreme Court Decision 2010Da39918 Decided August 30, 2012). The evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that C was insolvent at the time of the closing of argument in the instant case. There is no other evidence to acknowledge it. Thus, the instant lawsuit is unlawful on the grounds that there is no need to preserve, which is the requirement for the exercise of subrogation right by subrogation.

2.