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1.The judgment of the first instance shall be modified as follows:
The defendant's branch court of Busan District Court on September 2012.
Reasons
1. The reasons why the court should explain this part of the basic facts are as follows, in addition to the entry of the inseminator in the second to fifth to half of the judgment of the court of first instance, each of the following parts of the following subparagraphs shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is the same as the entry of the reasons for the judgment of the court of first instance, except for the entry or removal of the inseminator:
In addition, the inseminators No. 4 through No. 7 of the same 7 of the same inseminators No. 4, “12 of the land allotted by the authorities in recompense for development outlay for development outlay for the project of this case” was transferred to 12 of the land subject to the project of this case. Of these, 6 lots were transferred to I, J, K, L, M, and N, and the above land allotted by the authorities in recompense for development outlay for development outlay was confirmed to be 1 through 6 real estate of this case in the order of disposition of replotting on February 6, 2004. The above land was confirmed to be 1 through 6 real estate of this case in the order of 3th 18 through 5th 6th 18th 6th 1, (2), “(3),” “(5)”, “(7)” and “the testimony of the witness of T. 19th 4th 1st m m m m m m,” and “the witness testimony” was deleted as 14th m m m m.
2. Determination on the defense prior to the merits
A. In a creditor subrogation lawsuit, where the right of the creditor to be preserved by subrogation is not acknowledged in a creditor subrogation lawsuit, the creditor himself/herself becomes the plaintiff and becomes not a party to the lawsuit (see, e.g., Supreme Court Decision 2002Da64148, May 13, 2003). In a case where the creditor’s right to the debtor to be preserved by subrogation is a monetary claim, the necessity of preservation, namely, the creditor’s right to the third debtor by subrogation of the debtor only when the debtor is insolvent.
(See Supreme Court Decision 2008Da76556 Decided February 26, 2009). B.
existence of preserved claims 1.