1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

In light of Article 6 of the Trust Act, Article 87 of the Civil Procedure Act, etc., a discretionary litigation trust not permitted is a property right lawsuit that allows a third party to file a lawsuit (see, e.g., Supreme Court Decision 2014Da8785, 87892, Dec. 15, 2016). In a case where the assignment of claims is performed mainly for allowing a third party to file a lawsuit, Article 6 of the Trust Act applies mutatis mutandis to the assignment of claims under the Trust Act, even if the assignment of claims does not constitute a trust under the Trust Act. Whether it is the principal purpose of the lawsuit shall be determined in light of the process and method of concluding the assignment of claims, interval between the transfer contract and the filing of the lawsuit, and the status relationship between the transferor and the transferee, etc.

(See Supreme Court Decision 200Da4210 Decided December 6, 2002, etc.). On April 1, 202, 202, the Plaintiff acquired a permanent residence in the preparatory document as of Apr. 1, 2020 and resided in the Republic of Korea. In order to proceed with a lawsuit with the Defendant residing in the Republic of Korea, the Plaintiff transferred his claim to the Plaintiff by deeming that long-distance flight is impossible in the age of the aged and that the Plaintiff would pay some money to the Plaintiff even if the Defendant recovered money.

Therefore, the Plaintiff’s transfer of claims from C is mainly aimed at having the Plaintiff conduct litigation. Article 6 of the Trust Act applies mutatis mutandis, and the instant lawsuit is null and void, and the Plaintiff’s qualification is not recognized as a party, as it constitutes a discretionary litigation.

Therefore, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.