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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 3, 2013, C, part of the lease deposit amount of KRW 50,00,000, monthly rent of KRW 2,000,000, and the period from June 19, 2013 to June 18, 2015 (hereinafter “the lease in this case”), among the buildings of Goyang-gu F and Goyang-gu, Goyang-si (hereinafter “instant building”) from D, E, and completed business registration with the operation of H “H” at the said store on June 20, 2013.
B. On May 21, 2015, the Defendant purchased the instant building at the above auction procedure. The Defendant purchased the instant building at the above auction procedure.
C. On July 2, 2015, the Plaintiff acquired the claim for refund of KRW 50,000,000 from C, and C notified the Defendant of the assignment of the claim on the same day.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. The Defendant asserts to the effect that the instant lawsuit is unlawful, since the Plaintiff’s transfer of the claim for the refund of the lease deposit of this case from C constitutes a litigation trust conducted for the purpose of filing a lawsuit.
In a case where the assignment of claims, etc. mainly takes place with the intention of having the assignment of claims, even if the assignment of claims does not constitute a trust under the Trust Act, Article 7 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201; Article 6 of the current Trust Act) shall be deemed null and void by analogy. Whether the main purpose is to allow the transfer of claims is to be determined in light of all the circumstances, such as the details and method of concluding the transfer of claims contract, the time interval between the transfer contract and the lawsuit, and the status relationship
(see, e.g., Supreme Court Decision 2003Da20909, 20916, Mar. 25, 2004). As to the instant case, “A”, “A”, “A”, “A”, “A”, “A”, “A”, “A”, “A”