1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition or dismissal as follows, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

An abbreviationd name established in the judgment of the first instance is also used below the same.

2. The 5th to 16th of the judgment of the court of first instance shall be added to or after the 5th of the judgment of the court of first instance as follows.

“2) Where a creditor has filed a lawsuit against a third party obligor by exercising the right of subrogation, and has received a judgment, the judgment becomes effective if the debtor becomes aware of the fact that the lawsuit for subrogation was filed against the said third party obligor for any reason (see, e.g., Supreme Court Decision 93Da52808, Aug. 12, 1994). In a case where the final judgment of the preceding lawsuit is a judgment against dismissal of claim, a claim inconsistent with the res judicata cannot be determined against the preceding lawsuit, and thus, the claim for the part inconsistent with the res judicata should be dismissed (see, e.g., Supreme Court Decisions 76Da1488, Dec. 14, 1976; 87Meu2478, Jun. 27, 1989). Meanwhile, even if the right to claim the transfer registration and the right to claim the cancellation of the ownership registration based on the title of the said owner are substantially identical for the purpose of restoring the ownership registration or the right to claim the cancellation of ownership registration.