A. On May 22, 2017, the Defendant concluded a sales contract with C, the representative of the seller, to purchase the purchase price of KRW 2.9 billion [the contract amounting to KRW 300 million, intermediate payment to KRW 500 million (the development permission for the said D, E, and F land), and KRW 2.1 billion (hereinafter “instant sales contract”).

B. Upon the occurrence of dispute in the process of implementing the instant sales contract, on August 2, 2017, the Defendant entered into an agreement with C to the effect that “The Defendant intended to purchase only Gwangju-si G and H land in light of the Defendant’s circumstances, and thus, paid KRW 50 million out of the penalty of KRW 100 million, and paid KRW 50 million up to March 30, 2018” (hereinafter “instant agreement”), and then paid KRW 50 million to C. The Defendant prepared and delivered the remainder of KRW 50 million loan certificates.

C. On January 17, 2018, C transferred the claim amounting to KRW 50 million based on the said loan certificate to the Plaintiff, and on April 2, 2018, C notified the Defendant of the assignment of claim.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence, purport of whole pleadings

2. The Defendant asserts that the Defendant’s assignment of the instant contract deposit claim to the Plaintiff constitutes a litigation trust and thus null and void.

In light of the evidence Nos. 1 through 3, the facts that the dispute between C and the defendant continues to exist in relation to the instant sales contract, but according to the evidence Nos. 4 and 16, the plaintiff can be found to have taken over the instant agreed amount claim in order to recover the claim against C. In light of the above, it is difficult to see that the transfer of the instant agreed amount claim constitutes a litigation trust, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

3. Determination on the cause of the claim.