1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Whether a subsequent appeal is lawful is served by the court of first instance on June 12, 2019, by serving a copy of a complaint against the defendant, the date of pleading, etc., and serving a notice of the date of pleading on the defendant by public notice, and thereafter proceeding for pleadings on June 12, 2019; the original copy of the judgment of the first instance also served on the defendant by public notice; and the fact that the defendant was aware of the existence of the judgment of the first instance on July 18, 2019 upon his/her request for perusal or copy of the documents for application for compulsory auction by Jeonju District Court C real estate at the Jeonju District Court C’s request

According to the above facts, the defendant could not observe the peremptory appeal period, which is the peremptory period, due to a cause not attributable to him, and the court of first instance filed the appeal of this case within two weeks from July 18, 2019, which became aware of the fact that the judgment was served by public notice. Thus, the defendant's appeal of this case is lawful.

2. Determination on the defense prior to the merits

A. The Defendant’s assertion that the Plaintiff acquired bonds from D without compensation and conducted litigation, and thus, the acquisition of the instant bonds constitutes a litigation trust and thus null and void.

B. Determination 1) In a case where the assignment of a claim, etc. primarily takes place with the intention of enabling a litigation, Article 6 of the Trust Act shall be deemed null and void, even if the assignment of claim does not constitute a trust under the Trust Act, and whether it is the principal purpose of litigation shall be determined in light of all the circumstances, including the details and methods of concluding the assignment of claim contract, the time interval between the transfer contract and the lawsuit, and the personal relationship between the transferor and the transferee (see Supreme Court Decision 2000Da4210, Dec. 6, 2002). (See Supreme Court Decision 200Da4210, Feb. 27, 2019), the following day after the Plaintiff acquired the claim against the Defendant from D on February 28, 2019, even if it is recognized that the Plaintiff applied for the instant payment order on February 28, 2019.