1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Determination on the defense prior to the merits

A. The defendant's assertion that the plaintiff was above 2. A.

Since the assignment of claims asserted in a claim is not a substantial transfer, but a claim is transferred in a trust to have the plaintiff file a lawsuit for the transfer of claims in court convenience, the assignment of claims is null and void as it violates Article 7 of the Trust Act. Accordingly, the lawsuit in this case is unlawful.

B. Determination 1) In a case where the assignment of claims, etc. primarily takes place with the aim of having the said assignment of claims, Article 7 of the Trust Act shall be applied mutatis mutandis even if the said assignment of claims does not constitute a trust under the Trust Act. Whether it is the primary purpose of having the said assignment of claims is to be determined in light of various circumstances, such as the process and method of concluding the assignment of claims, interval between the transfer contract and the filing of the lawsuit, and the personal relationship between the transferor and the transferee, etc. (see, e.g., Supreme Court Decision 2012Da8628, Sept. 12, 2013).

It is not sufficient to recognize that the claims alleged in this paragraph have been transferred, and there is no other evidence to acknowledge it.

2. Judgment on the merits

A. On November 5, 2013, C, a licensed real estate agent of the Plaintiff 1), arranged a sales contract concluded between the Korea Land and Housing Corporation and the Defendant for KRW 2,146,750,00 of the purchase price with respect to Daejeon P, EF apartment 41 households, and that was concluded for KRW 1,741,10,000 of the purchase price with respect to the 27 G apartment units of Daejeon Jung-gu, Daejeon (hereinafter collectively referred to as “each of the instant sales contracts”), and the Defendant arranged for a sales contract for KRW 34,90,650 of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (hereinafter referred to as “each of the instant sales contracts”). The amount of KRW 34,887,850,00 of the transaction amount + (=2,146,750,000 of the transaction amount)