1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff asserted that the Plaintiff purchased the instant real estate from Nonparty C, and decided to title trust the registration name to the Defendant.

The above three-party title trust agreements and the transfer of ownership in this case completed pursuant thereto are all null and void.

Meanwhile, since the sales contract between the Plaintiff and C is still valid, the Plaintiff has the right to claim C to implement the ownership transfer registration procedure for the instant real estate.

Therefore, in order to preserve the right to claim ownership transfer registration against C, the Plaintiff seeks cancellation of the ownership transfer registration of this case on behalf of C.

B. (1) In a creditor subrogation lawsuit, where the right of the creditor to be preserved by subrogation is not acknowledged as to the debtor, the creditor himself/herself becomes the plaintiff and is no party to the third debtor's right to exercise the debtor's right against the third debtor, and such subrogation lawsuit shall be dismissed as unlawful.

(See Supreme Court Decision 94Da1439 delivered on June 24, 1994, and Supreme Court Decision 2002Da64148 delivered on May 13, 2003, etc.). As to whether the Plaintiff has the right to claim ownership transfer registration against Shesheshed, there is no evidence to acknowledge the Plaintiff’s assertion.

Article 22(1) of the Civil Act provides that the Plaintiff shall file a claim for ownership transfer registration with respect to C, and the lawsuit of this case is unlawful without any need to further examine it.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.