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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows, except where the following determination is added to the Plaintiff’s new argument at the trial of the court of first instance pursuant to Article 420 of the Civil Procedure Act, and thus, the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.
【Supplementary Decision】
E. On May 2019, the Plaintiff asserts that the Defendant is obligated to pay the instant claim amount to the Plaintiff as the Plaintiff transferred the right to claim the distribution of residual property that D had against the Defendant (hereinafter “instant transfer contract”).
In a case where the assignment of claims, etc. is made with the main purpose of having the litigation conducted, even if the assignment of claims does not fall under a trust under the Trust Act, Article 6 of the Trust Act is applied mutatis mutandis, so it shall be null and void. Whether the main purpose is to allow the litigation is to be conducted shall be determined in light of all the circumstances, such as the course and method of concluding the assignment of claims, interval between the transfer contract and
(2) In light of the above legal principles, the transfer contract of this case was concluded after the plaintiff lost on the ground that there is no evidence to deem that the plaintiff has a claim against the defendant, not D in the first instance trial of this case, and that the transfer contract of this case was concluded before the conclusion of the oral argument. The "the indication of the transfer claim of this case includes KRW 93,50,000,000,000,000,000,000,000,000 won" in the notice of the transfer contract of this case, and the plaintiff is the transferor's child as D, in light of the above legal principles, the transfer contract of this case is concluded as the plaintiff.