1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

1. The reasoning of the court of first instance’s explanation of the instant case and the matters alleged by the Defendant in the trial are as stated in the main sentence of Article 420 of the Civil Procedure Act, with the exception of adding the following judgments to “1” or “3.”

2. Additional matters to be determined;

A. The defendant asserts that the transfer of the right to claim damages in lieu of defect repair to the plaintiff by the owner of the apartment of this case is invalid in violation of Article 6 of the Trust Act, as the transfer of the right to claim damages in lieu of defect repair.

In a case where the assignment of claims primarily takes place with the intention of making another person conduct acts of litigation, Article 6 of the Trust Act shall apply mutatis mutandis even if the assignment of claims does not fall under a trust under the Trust Act, so it shall be null and void. However, whether it is the primary purpose of allowing a person to conduct acts of litigation shall be determined in light of all the circumstances, including the details and methods of the assignment of claims contract, interval between the transferor and the transferee after the transfer of the contract to

(2) In light of the above legal principles, the plaintiff filed the lawsuit of this case for the purpose of repairing the defects of the apartment of this case as damages for the benefit of the owner of the apartment of this case, and the plaintiff is presumed to have filed the lawsuit of this case for the purpose of repairing the defects of the apartment of this case as damages for the benefit of the owner of the apartment of this case. In light of the above legal principles, the plaintiff's defect repair of the apartment of this case can be recognized in light of the following circumstances, namely, the plaintiff filed the lawsuit of this case for the purpose of repairing the defects of the apartment of this case as damages for the benefit of the owner of the apartment of this case.