1. The instant lawsuit shall be dismissed.

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

1. On July 29, 2016, with respect to the instant real estate for which the registration of ownership transfer was completed under the name of the instant church, the registration of ownership transfer was completed under Defendant B’s name under the name of Defendant C on October 11, 2016, following the completion of the registration of ownership transfer under the name of Defendant C on July 23, 2016, by the receipt of the Southern Branch Branch of the Busan District Court and Dong Branch of the Busan District Court.

2. The plaintiff, who is the head of the church of this case, asserts the facts as stated in the grounds for the claim in the separate sheet as the grounds for the claim in this case and seeks to cancel the registration of each transfer of ownership in the name of the defendants on the real estate in this case against the defendants, and seek to return KRW 75,271,211, which is the aggregate of the deposit claims actually possessed by the church of this case against the defendant B.

3. We examine, ex officio, whether the instant lawsuit is lawful or not.

In a creditor subrogation lawsuit, where the right of the creditor to be preserved by subrogation is not recognized as to the debtor, the creditor himself/herself becomes the plaintiff and becomes disqualified as a party to the debtor's right to the third debtor, and such subrogation lawsuit is deemed unlawful (see, e.g., Supreme Court Decisions 87Meu2753, Jun. 14, 198; 92Da48857, Jul. 13, 1993; 92Da48857, Jul. 13, 1993). Thus, the plaintiff's lawsuit against the defendants of this case is deemed unlawful due to lack of standing as a party.

4. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.