1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

The plaintiff filed a claim for the acquisition amount of KRW 53 million from the first instance court to the acquisition amount of KRW 50 million, and KRW 5 million from the second instance court. The court of first instance rejected the claim of the former acquisition amount and dismissed the claim of the latter acquisition amount.

In this regard, since only the defendant appealed on the part against the defendant, the object of this court's trial is limited to the claim for acquisition of KRW 53 million.

Basic Facts

The defendant was living together with C during the past years.

On March 2015, the defendant acquired ownership by purchasing a detached house E in Gyeongbuk-gun, Gyeongbuk-gun, the amount of KRW 53,00,000 from C's funds.

On July 22, 2019, the Plaintiff acquired from C the amount of KRW 53 million (hereinafter “the instant claim”) on February 26, 2015 against the Defendant, and KRW 5 million (5 million) on January 15, 2014.

C died as suicide on August 30, 2020.

[Ground of recognition] A without dispute, Gap evidence No. 1-3, Eul evidence No. 1-1-7, Eul's evidence No. 17, and the plaintiff's assertion as to the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff who acquired the claim of this case 53 million won and delayed damages.

Article 6 of the Trust Act of the judgment on the defendant's defense prior to the merits shall be null and void a trust, the main purpose of which is to allow the trustee to conduct litigation.

“......”

In a case where a claim is transferred mainly for the purpose of having the debtor conduct litigation, the transfer of the claim does not constitute a trust under the Trust Act.

Even if the above provision is applicable by analogy, so it shall be deemed null and void. Whether it is the principal purpose of litigation shall be determined in light of the following: (a) the process and method of the contract for the transfer of a claim; (b) the time interval between the transfer contract and the filing of the lawsuit; and (c) the personal relation between the transferor and the transferee (see Supreme Court Decision 2000Da4210, Dec. 6, 2002, etc.). The right to manage the right or legal relation, which is a subject matter of lawsuit, in a lawsuit concerning