Costs of appeal shall be borne by the plaintiff.

1. Grounds for appeal concerning the lawsuit trust;

(a) In a case where a claim is transferred for the principal purpose of having the person conduct procedural acts, the transfer of the claim does not constitute a trust under the Trust Act;

Even if Article 6 of the Trust Act is applied by analogy, it is null and void.

The main purpose of which is to conduct litigation is to be determined in light of all the circumstances, including the details and methods of the contract for assignment of claims, the interval between the transfer contract and the filing of the lawsuit, the personal relationship between the transferor and the transferee (see, e.g., Supreme Court Decision 2017Da272103, Oct. 25, 2018). (b) In full view of the following facts and circumstances, the lower court is reasonable to deem that the transfer of the instant claim between Nonparty AI and the Plaintiff was concluded for the main purpose of litigation and null and void.

The decision was determined.

1) The members of the instant fishing village fraternity, including the Defendants, constituted the instant compensation countermeasure committee in order to receive compensation for fishery damage caused by nearby thermal power plants in around 2008, and proceed with the procedures for consultation by selecting a representative as the representative. In around 2012, the instant agreement was concluded with AI to pay a certain amount of the compensation to be paid to them in fee, among the compensation to be paid to them explicitly or implicitly.

However, the members of the fishing village fraternity of this case, which had been unable to obtain the expected amount of compensation at the time of the conclusion of the consultation, held an extraordinary general meeting on March 2015 and dismissed the AI and appointed the plaintiff as a new representative on the ground that the members of the fishing village fraternity of this case did not act properly.

2) Upon completion of the above compensation procedure on May 2015, the Plaintiff succeeded to the status of AI under the instant agreement.

In this case, the Defendants filed a lawsuit, and the Defendants entered into a contract for the transfer of rights with AI during the proceeding of the first instance court.