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. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a sales contract with C on July 6, 2015 with respect to real estate stated in the purport of the claim (hereinafter “real estate of this case”), and the Defendant is obligated to implement the registration procedure for transfer of ownership based on the said date sales contract, or the Defendant is obligated to pay the Plaintiff the purchase price that was not received from the Plaintiff at the same time with the payment of KRW 96 million. If the above sales contract becomes null and void, the Plaintiff was assigned the claim amounting to KRW 44 million that the Plaintiff had against the Defendant, and the Defendant is obligated to pay the said amount to the Plaintiff.

2. It is to determine ex officio whether the instant lawsuit constitutes a litigation trust, ex officio, as to the determination of whether the instant lawsuit constitutes a litigation trust.

In a case where the assignment of a claim, etc. mainly takes place with the intention of engaging in procedural acts, Article 7 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201) is null and void by analogy even though the assignment of a claim does not constitute a trust under the Trust Act. Whether it is the principal purpose of procedural acts shall be determined in light of all the circumstances such as the process and method of concluding a contract for the transfer of a claim, etc., the interval between the transfer and the transfer, etc., and the relationship between the transferor and the transferee

B. (See, e.g., Supreme Court Decision 2000Da4210, Dec. 6, 2002).

Facts of recognition

In full view of the purport of the entire pleadings, the following facts may be acknowledged in each statement in this court or in the evidence of subparagraphs 1 through 4 above:

1 C concluded a sales contract to purchase the instant real estate owned by the Defendant and the Defendant around October 2012, and paid 62 million won directly to the Defendant or directly to the Defendant from September 2012 to March 2013, 201, in total, to a third party.