손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
2...
1. The reasoning for the court’s explanation as to this part of the underlying facts is as follows: “Ma. The plaintiff was transferred from the residents of 213 households among the 278 households of the apartment of the building of this case in the course of the lawsuit of this case, and notified the Defendants of the fact of the assignment of the above assignment of claims on October 10, 2019 with the delegation of the authority to notify the above fact of the assignment of claims,” and “No. 16, 17 evidence (including the provisional number)” are as stated in the reasoning of the judgment of the first instance, and thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendants asserted that the Plaintiff’s acquisition of the damage claim from the sectional owners of the apartment of the instant building (hereinafter “instant apartment”) constitutes a lawsuit trust for the sole purpose of litigation, and thus, is unlawful, since it is invalid under the Trust Act.
Where an assignment of claim has been made mainly with the intention of making it an act of litigation, Article 6 of the Trust Act shall apply mutatis mutandis to the assignment of claim, even though the assignment of claim does not constitute a trust under the Trust Act, and the main purpose of which is to make the act of litigation is to be determined in light of all the circumstances, such as the process and method of concluding the assignment of claim, interval between the transferor and the transferee, and the relationship between the transferor
(See Supreme Court Decision 2009Da9539 Decided May 28, 2009, etc.). The following facts and circumstances, which can be acknowledged by comprehensively taking into account the respective entries and arguments set forth in Gap evidence Nos. 16, 17, 20, and 21 (including paper numbers; hereinafter the same shall apply), are the following facts and circumstances, i.e., the owner of the instant apartment who transferred the Plaintiff to the Plaintiff, as all the same debtor or creditors based on the same claim occurrence, for the purpose of efficient recovery of the claim.