1. The instant lawsuit shall be dismissed.

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

Basic Facts

- The network H married with Defendant B on January 4, 1960, set up the Plaintiff, Defendant C, Defendant D, Defendant E, and Defendant F as his child.

- The network H died on October 13, 2015, and succeeded to the deceased H’s property at the rate of 2/13, respectively, by Defendant B 3/13, the Plaintiff, and the remainder Defendants.

- The sale on January 13, 2004 with respect to the real estate listed in the separate sheet, which was owned by G (hereinafter “instant real estate”), was registered as the cause of registration for the transfer of ownership in the name of the deceased H on February 14, 2004 as the receipt No. 7947 of Suwon District Court Sung-nam Branch Office, Sungwon District Court, as the cause of registration.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8 (which includes a serial number; hereinafter the same shall apply) and the purport of the entire argument, the plaintiff purchased the real estate of this case from G. The plaintiff concluded a title trust agreement with the deceased H and completed the registration of ownership transfer in the name of the deceased H with respect to the real estate of this case.

The above title trust agreement is a third party’s registered title trust, and both the agreement and the transfer of ownership under the name of the network H are null and void.

Therefore, the Defendants, the heir of the network H, are obligated to implement the procedure for registration of cancellation of ownership transfer registration with respect to the Defendants’ shares in inheritance among the instant real estate.

The Plaintiff has the right to claim G for the registration of ownership transfer based on sale and purchase of the instant real estate, and seeks implementation of the procedure for the registration of ownership transfer cancellation with respect to the Defendants’ shares in inheritance among the instant real estate in subrogation of G in order to preserve the said claim.

Judgment

In a creditor subrogation lawsuit, if the right of the creditor to be compensated by subrogation is not recognized, the creditor himself/herself becomes the plaintiff and is not entitled to exercise the right of the debtor against the third debtor, so the subrogation lawsuit is illegal.