1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

1. We examine ex officio the legitimacy of the instant lawsuit ex officio.

In a case where the assignment, etc. of a claim mainly takes place for the purpose of litigation, Article 6 of the Trust Act shall apply mutatis mutandis even if the assignment of claim does not fall under a trust under the Trust Act, and thus, Article 6 of the Trust Act shall be deemed null and void. Whether it is the main purpose of litigation shall be determined in light of all the circumstances, such as the course and method of concluding the assignment contract, interval between the transfer contract

(See Supreme Court Decision 2009Da9539 Decided May 28, 2009). The instant lawsuit is unlawful since it is apparent that Nonparty C was unable to directly perform the lawsuit and the Plaintiff was instituted with the assignment of claims from Nonparty C (the first instance trial protocol). As such, the instant lawsuit is deemed null and void, since it constitutes a discretionary litigation and the Plaintiff’s standing to sue is not recognized.

2. In conclusion, the lawsuit of this case is unlawful and thus dismissed. Since the judgment of the court of first instance is unfair with different conclusions, it is so decided as per Disposition by the assent of all participating Justices to revoke this and dismiss the lawsuit of this case.