1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On July 15, 2016, C entered into a sales contract with the Defendant for the purchase of “right to the E-life countermeasure site” to be supplied to the Defendant as the Defendant’s factory located in Seo-gu Incheon, which was operated by the Defendant was expropriated in the implementation of the E development project (hereinafter “instant sales contract”), and paid KRW 15,000,000 to the Defendant for the purchase price.

B. On October 16, 2017, the FF Corporation excluded the Defendant from the person subject to livelihood countermeasures on the grounds that the business facilities, etc. of the foregoing factory were destroyed by fire on February 9, 2010, and that there was no substantial business activity in the business area.

C. On May 14, 2019, C transferred “A claim for refund of KRW 15,000,000 upon the termination of the instant sales contract held against the Defendant by C” to the Plaintiff, and notified the Defendant thereof.

(2) The reasoning of the first instance court’s fact-finding that the instant claim was transferred to another person, and that the instant claim was transferred to another person (hereinafter “instant claim”). 【No dispute as to the ground for recognition, the entry of the evidence Nos. 1, 2, 3, and 4 (including the serial number), and the fact-finding with respect to the F Corporation of the first instance court

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A. In a case where the assignment of claims primarily takes place with the focus of allowing to conduct procedural acts, even if the assignment of claims does not constitute a trust under the Trust Act, Article 6 of the Trust Act is applied mutatis mutandis, and thus is null

Whether the main purpose is to allow litigation shall be determined in light of all the circumstances, such as the process and method of concluding the assignment contract, the time interval between the transfer contract and the lawsuit, the status relationship between the transferor and the transferee, etc.

(Supreme Court Decision 2017Da272103 Decided October 25, 2018, etc.) B.

The following facts and circumstances are acknowledged by integrating the overall purport of arguments in the descriptions of evidence Nos. 3, 4, 5, and 6: