The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The reasoning for the court’s explanation on this part of the facts is as follows, and this part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

The second part of the judgment of the court of first instance refers to the "defendant" in the second part of the judgment of the court of first instance as "C".

2. Determination as to the defendant's defense prior to the merits

A. The assertion C is not insolvent, and thus, the instant lawsuit seeking cancellation of ownership transfer registration of the instant real estate to the Defendant by subrogation of C in order to preserve the claim against C with respect to the judgment amount as to the instant real estate is unlawful.

B. Determination 1) In a case where a creditor’s subrogation of a debtor is a monetary claim against the debtor, the creditor may exercise the debtor’s right on behalf of the debtor on behalf of the debtor only when the debtor is insolvent (see, e.g., Supreme Court Decision 2013Da96783, May 14, 2015). In addition, whether it is necessary for the creditor to preserve the claim should be determined as at the time of the closing of argument (see, e.g., Supreme Court Decision 75Da1086, Jul. 13, 1976); (i) the statement No. 10-6; (ii) the court of first instance; (iii) the fact inquiry into the debtor’s office; and (iv) the overall purport of arguments with respect to the director; (iv) the creditor owns the debtor’s share in the loans of Gyeonggi-gun G G G9m2/3, the total amount of debts owed to the debtor on May 3, 2019; and (iii) the creditor’s share in the name of Yang P. 2/34.