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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The plaintiff's assertion is that even though the non-party company's land owned by the non-party company was entered in C (hereinafter "non-party company") and sold at KRW 230 million, the non-party company's purchase price obligation is KRW 148 million, and the non-party company is paid KRW 233 million, respectively, and even if the purchase price is deducted from the purchase price mediation allowance of KRW 233 million (230 million x 10%), the defendant bears the obligation to return the non-party company's land KRW 41.7 million (233 billion - 148 million - 200 million - 233 million).
On August 19, 2019, the Plaintiff acquired the above claim amounting to KRW 41.7 million from the non-party company against the Defendant, and the non-party company notified the Defendant of the assignment of the above claim on August 22, 2019, and thus, the Defendant is obligated to pay the above claim amounting to KRW 41.7 million and delay damages to the Plaintiff.
2. We examine ex officio determination on the legitimacy of the instant lawsuit ex officio as to the lawfulness 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, e.g., Supreme Court Decision 2000Da4210, Dec. 6, 2002). In light of the above legal principles, the instant case is deemed to have been rendered.