배당이의 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff filed the instant lawsuit in the manner that: (a) on the premise that the Defendants received a claim against C from E and F with respect to each real estate listed in the separate sheet, C concluded with the Defendants on the ground that it was a fraudulent act; (b) the Defendants deleted the amount of money distributed pursuant to the aforementioned collateral security agreement; and (c) the Plaintiff, the assignee of the E and F’s claim, should receive dividends to the amount equivalent to the said amount.
As to this, the defendants asserted that the plaintiff's transfer of claims from E and F is mainly the purpose of litigation and is null and void because it falls under a trust of lawsuit, or Article 112 subparagraph 1 of the Attorney-at-Law Act is applied mutatis mutandis.
In a case where an assignment of claim, etc. mainly takes place with the intention of having the assignment of claim, even though the assignment of claim does not constitute a trust under the Trust Act, Article 7 of the Trust Act is null and void by applying mutatis mutandis (see, e.g., Supreme Court Decision 95Da20041, Mar. 26, 1996). Whether the primary purpose is to allow the act of litigation is to be determined in light of all the circumstances, such as the details and method of concluding the assignment of claim contract, interval between the transfer contract and
(see, e.g., Supreme Court Decisions 91Da26522, Nov. 12, 1991; 95Da54464, May 16, 1997; 95Da5464, May 16, 1997). The following circumstances are acknowledged by comprehensively taking into account the overall purport of each entry and pleading in the health care unit, A, 1, 2, 3, 4, and 8 (including the serial numbers) as to the instant case. In other words, the Plaintiff received the assignment of a claim from E and F on Apr. 16, 2015, from July 16, 2015, the distribution schedule was prepared to the voluntary auction procedure for each real estate listed in the attached list, to which the Plaintiff, E, and F had any obligation or obligation between the Plaintiff, E, and F before the said assignment of claim.
There is no circumstance that there is a legal interest or there is a legal interest.