1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff is an autonomous management body consisting of sectional owners of Busan Metropolitan Transportation Daegu Do 41 (Dongdong), Green Office (hereinafter “the instant officetel”). The Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”) is an executor of the new construction of Busan Metropolitan Transportation Daegu Round (hereinafter “the instant building”) which is adjacent to the instant officetel, and the Defendant Newyang Construction Co., Ltd. (hereinafter “Defendant Newyang Construction”) is the starting construction of the instant building.

B. On April 2014, the Plaintiff acquired from the sectional owners of the instant officetels the damage liability in lieu of defect repairs such as rupture, water leakage, etc., noise, dust, vibration, etc., damage liability arising from the infringement of the right to view, and notified the Defendants of the transfer of the claim around that time with the delegation of sectional owners.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Determination on the defense prior to the merits

A. The Plaintiff’s assertion by the Defendants is seeking partial payment under the premise that the sectional owners of the instant officetel have acquired the claim for damages that they had against the Defendants.

However, the instant transfer of claims constitutes a litigation trust with the intent of having the Plaintiff conduct litigation, and thus, the instant lawsuit is unlawful.

B. In a case where the assignment of claims primarily takes place with the aim of making a judgment 1 procedural acts, Article 7 of the Trust Act shall apply mutatis mutandis, even if the assignment of claims does not constitute a trust under the Trust Act, and thus, be null and void. However, whether it is the principal purpose of making a procedural act shall be determined by applying mutatis mutandis Article 7 of the Trust Act.