In case where a third party has again filed the same lawsuit on behalf of the creditor while the lawsuit subrogated by the creditor is pending, whether it falls under the duplicate lawsuit.

If a lawsuit is pending against the debtor by subrogation of the creditor, and the third party files a lawsuit against the same debtor by subrogation of the creditor, the above two lawsuits are the same as the other party in substance, even if they are different, so the latter is contrary to the prohibition of double lawsuit under Article 234 of the Civil Procedure Act.

Article 234 of the Civil Procedure Act

Supreme Court Decision 73Da351 Delivered on January 29, 1974, 80Da2751 Delivered on July 7, 1981

[Defendant-Appellee] Plaintiff 1 et al.

Daegu Metropolitan City and Metropolitan City

Intervenor joining the Defendant

Daegu High Court Decision 86Na1696 delivered on June 9, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

In a case where a third party files a lawsuit against the debtor on behalf of the creditor in subrogation of the creditor, and the third party files a lawsuit with the same debtor on behalf of the creditor, the above two lawsuits shall be the same as the other party in substance even if they are different, so the latter lawsuit is in conflict with the prohibition of duplicate lawsuit under Article 234 of the Civil Procedure Act.

As determined by the court below, if the defendant assistant intervenor filed a lawsuit against the defendant on September 25, 1985 against the non-party corporation by subrogation of the non-party corporation, "the defendant shall implement the procedure for ownership transfer registration for the land of this case on May 1, 1979 at the time of original purchase and sale," and the plaintiff filed a lawsuit against the defendant on behalf of the above non-party corporation on May 20, 1986, with the purport that "the defendant shall execute the procedure for ownership transfer registration for the land of this case on behalf of the non-party corporation on behalf of the non-party corporation", the lawsuit of this case is unlawful as it is filed in violation of Article 234 of the Civil Procedure Act prohibiting double lawsuit. The judgment below to the same purport is just, and there is no error in the misapprehension

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-Ba (Presiding Justice)