Where the right of the obligee against the obligor is denied in a subrogation lawsuit by the obligee, the disposition of the subrogation lawsuit

In a creditor subrogation lawsuit, where the right of the creditor to be compensated by subrogation is not recognized, the creditor himself/herself becomes the plaintiff and is no longer entitled to exercise the right of the debtor to the third debtor, so the subrogation lawsuit is unlawful and dismissed.

Article 404 of the Civil Act

Plaintiff 1 and 88 Plaintiffs Kim-ho, Counsel for the plaintiff-appellant-ho

Han Life Insurance Co., Ltd. and 14 Defendants 2 through 15, Attorneys Kim Won-won, Counsel for the defendant-appellant

Seoul Civil District Court Decision 87Na1210 delivered on September 29, 1987

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

With respect to No. 1:

The judgment below rejected the plaintiff's assertion on the ground that there is no evidence to find that more than 70 occupants of the site as shown in the attached Table 2 in the judgment of the court below were directly purchased from the defendant Il Life Insurance Co., Ltd. about the part of the land of this case, which is a road, or there was an agreement between the above occupants and the successor of the ownership of the land of this case to omit the intermediate registration, such as the assertion about the transfer of ownership of the land of this case from the above occupants, and although the above original occupants purchased the land of this case through the Housing Co., Ltd., the specific possession portion of the land of this case which is a road, each of them purchased through the Housing Site Purchase Promotion Committee, each of them purchased the land of this case under their name in trust and completed the registration of ownership transfer from them. In light of the records, the judgment of the court below is just and acceptable, and there is no error of law such as misunderstanding the rules of evidence, misunderstanding the legal principles on the transfer of title trust or the reasoning for title trust, etc.

The assertion is groundless.

With respect to the second ground:

In a creditor subrogation lawsuit, in case where the right of the creditor to be compensated by subrogation is not acknowledged as to the debtor, the creditor becomes the plaintiff himself and is no longer entitled to exercise the debtor's right to the third debtor, so the subrogation lawsuit shall be dismissed by illegality. Therefore, in this case where the plaintiffs' right to claim for the transfer registration of ownership is not acknowledged, the measures of the court below which dismissed the plaintiffs' right to claim for the cancellation of registration against the other defendants in order to preserve the above defendant's right to claim for the transfer registration of ownership against the above defendant is just and there is no violation of law

The assertion is groundless.

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

Justices Kim Jong-chul (Presiding Justice)