Only when the debtor is insolvent, the creditor may exercise his/her rights against the third debtor on behalf of the debtor.

In case where the creditor's right to the debtor, which is to be preserved by subrogation, is a monetary claim, the need to preserve it, that is, the creditor may exercise the creditor's right to the third debtor on behalf of the debtor only when the debtor is insolvent.

Article 162 of the Civil Act: Extinctive Prescription of Claim or Property Right

2017da216270 Cancellation of provisional registration

Korea

Park ○

2018.06.26

208.21

1. The instant lawsuit shall be dismissed.

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

Cheong-gu Office

The defendant will implement the procedure for cancellation registration of provisional right to claim ownership transfer registration completed on December 18, 199 as Suwon District Court's Suwon District Court's Sungnam branch* registry's receipt 7***** the provisional right to claim ownership transfer registration completed on December 18, 199.

1. Basic facts

A. Jeong is the owner of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and is in arrears with a total of 264,32,360 won, including the transfer income tax reverted to year 207.

B. Around July 18, 2002, the Defendant and B entered into a pre-sale agreement on the instant real estate and completed the registration of the right to claim transfer of ownership on the ground of such pre-sale agreement with the Jung on December 17, 199, and thereafter the Defendant acquired the shares of the right to claim transfer of ownership from the LeeB and registered the transfer of the shares of the right to claim transfer of ownership (hereinafter referred to as the “provisional registration of this case”).

C. As of the closing date of pleadings, Jeong has positive property in total of KRW 387,621,06, as shown below, other than the instant real property as of the date of the conclusion of pleadings, and there are small property in total of KRW 13,342,601 for the National Health Insurance Corporation, including tax liability against the Plaintiff,* 11,480,000 for the National Health Insurance Corporation,*** 310,849,311 for the viewing local tax21,94,350.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, and 7, order to submit taxation information and order to submit financial transaction information, appraiser** as a result of market price appraisal, the purport of the whole pleadings

2. Determination

The Plaintiff’s right to complete the reservation, which is the cause of the provisional registration of this case, has expired due to the lapse of the exclusion period, and thus, the Plaintiff seeks cancellation of the provisional registration of this case on behalf of the Defendant on behalf of the

In a case where a creditor’s right to a debtor, which is to be preserved by subrogation, is a monetary claim, the need to preserve the creditor’s right, namely, the creditor may exercise the debtor’s right to a third debtor on behalf of the debtor only when the debtor is insolvent (see Supreme Court Decision 2008Da76556, Feb. 26, 2009). However, as of the date of the closing of argument, the debtor’s active property is KRW 387,621,06, and the negative property is KRW 310,849,311, as seen earlier, and there is no evidence to prove that the above regular property is in a state of insolvency.

Therefore, the lawsuit of this case for which the plaintiff seeks the cancellation of provisional registration of this case on behalf of the Government of the Republic of Korea cannot be acknowledged as the necessity of preservation.

3. Conclusion

Therefore, the lawsuit of this case is unlawful, so it is decided as per Disposition by the assent of all participating Justices.