양수금
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
Non-party C married with the network D on July 10, 1992, and the network D died on November 9, 2018.
At the time of the deceased D's death, there were E, F, and G, the spouse of C, D's children.
The network D bequeathed to the Defendant the real estate listed in the attached list and the deposit claim(Account Number: I, J, K) against H.
The plaintiff and the defendant are children of C.
C On February 14, 2019, between the Plaintiff and the Plaintiff, the Plaintiff entered into a contract on the transfer of claims (hereinafter referred to as “instant contract on the transfer of claims”) with the Defendant, and notified the Defendant of the purport thereof on February 25, 2019.
On May 17, 2019, the Plaintiff filed the instant lawsuit against the Defendant seeking the payment of the acquisition money under the contract for the transfer of the instant claim.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 4, Eul evidence Nos. 1 and 7 (including several numbers), and the purport of the whole pleadings as to the defendant's defense of safety, are null and void as a litigation trust with the main purpose of enabling the plaintiff to conduct litigation. Thus, the lawsuit of this case is accompanied by the law.
In a case where a claim is transferred for the principal purpose of making the relevant legal principles 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 2000Da4210, Dec. 6, 2002). The following circumstances, i.e., the following circumstances acknowledged by comprehensively considering the overall purport of the entries and changes in the evidence No. 2 No. 300, Sept. 22, 2017.