양수금
1. All of the plaintiff's lawsuits that were changed in exchange in this court against the defendants are dismissed.
2. Action.
1. Basic facts
A. The Defendants’ father B deposited the total amount of KRW 43 million in the Defendants’ name as shown in the separate sheet on October 28, 2014, as shown in the separate sheet.
(hereinafter “instant deposit”). (b)
B: (a) On November 16, 2017, the Plaintiff and the Defendants, “I transfer to the Plaintiff the right to claim restitution of unjust enrichment held by the Defendants in relation to the instant deposit.” (b) written contract for the transfer transfer to the Defendants on the same day.
[Ground of recognition] Unstrifed Facts, Gap 2, 3, 6, 7 evidence (including paper numbers)
2. The parties' assertion
A. The Plaintiff lent KRW 90 million to Plaintiff B on October 2, 2014, and KRW 85 million on October 28, 2014, and KRW 90 million on October 28, 2014. B used this as Defendant C’s lease fund.
On the other hand, the deposit of this case was entrusted to the Defendants only in the name of B, and the actual right holder is B.
B On November 16, 2017, instead of paying KRW 90 million, transferred the right to the instant deposit claim to the Plaintiff and notified the Defendants of the transfer. On November 16, 2017, the Plaintiff expressed his intention to terminate the title trust with respect to the said deposit claim by serving the instant complaint or written appeal.
Therefore, the Defendants are obligated to transfer the above deposited bonds to the Plaintiff and to notify the FF Association of the transfer.
B. Although the Defendants did not borrow money from the Plaintiff, the Defendants transferred the instant deposit claims with the primary purpose of enabling the Plaintiff to conduct litigation against the Defendants, and this constitutes a litigation trust and false declaration of agreement, and thus, is null and void.
3. In a case where the assignment of claims is primarily made with the focus of having the legal act of litigation, even if the assignment of claims does not constitute a trust under the Trust Act, Article 6 of the Trust Act is applied mutatis mutandis, and thus,
The main purpose of which is to allow the assignment of claims is the process, method, and transfer contract.