1. The instant lawsuit shall be dismissed.

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

The Plaintiff sought registration procedure for cancellation of the right to collateral security (hereinafter “instant right to collateral security”) stated in the attached list (hereinafter “instant land”) against the Defendant, who is the mortgagee of real estate (hereinafter “instant land”) recorded in the attached list by subrogation of the heir of G as the right to claim reimbursement against G as the right to preserve the claim. The Plaintiff’s right to claim reimbursement against G is examined ex officio as to whether the instant lawsuit is lawful

If it is necessary for a creditor to preserve his/her own claim against a debtor, the creditor's subrogation right refers to the right of subrogation of the debtor to a third party. Therefore, in order for the creditor to exercise this in court, the creditor must prove the existence of the claim and the necessity of its preservation, the arrival of the time limit, etc. In such a case where it is not recognized (see, e.g., Supreme Court Decision 2010Da39918, Aug. 30, 2012). In cases where the creditor's subrogation of the debtor is a monetary claim against the debtor, the creditor may exercise the creditor's right on behalf of the debtor against the third party only when the debtor is insolvent.

(See Supreme Court Decision 2008Da76556 Decided February 26, 2009, etc.). The Plaintiff is a creditor of G who died on June 9, 2014, and sought the implementation of the procedure for registration of cancellation of the instant right to collateral security by subrogation of spouse B, children C, D, E, and F, who is the inheritor of G, and according to the Plaintiff’s evidence No. 2, it is acknowledged that the Plaintiff’s right to G, which is to be preserved by the Plaintiff’s exercise of the Plaintiff’s subrogation right, is a monetary claim. Since there is no evidence that G’s heir is insolvent at the time of the closing of argument of this case, the Plaintiff’s subrogation claim is unlawful because it did not meet

Even if there is a need for the preservation of household affairs, Section 1 to Section 1.