1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Claim of this case

A. Nonparty F suffered losses of KRW 83,00,000 (hereinafter below the apartment appraisal price of KRW 370,000,000 - Auction purchase price of KRW 287,00,000) due to the following Defendants’ unfair accusation, lawsuit, application for provisional disposition, etc.

1) Although the Defendants filed a complaint against F in fraud, but a non-prosecution disposition was finalized to the effect that the Defendants were guilty (Seoul Central District Prosecutor’s Office Decision No. 11987, 201; Seoul High Court Decision 2011Hu3561, Jan. 3, 201). 2) The Defendants filed a lawsuit against F against F, but the lawsuit against the Defendants became final and conclusive as against the Defendants.

(Seoul Central District Court 201Gahap107592, Seoul High Court 2013Na41532, 3) The Defendants awarded a provisional injunction against real estate disposal (Seoul Northern District Court 201Kadan7947) with respect to G apartment 1, Dong 901, Dongdaemun-gu, Seoul, Seoul High Court 201Na107592). Accordingly, the above apartment was awarded 287,00,000 won (Seoul Northern District Court H) at the market price as a voluntary auction application (Seoul Northern Northern District Court H) by the mortgagee of the right to collateral security (370,000,000 won).

B. On August 28, 2015, F entered into an agreement to transfer the above damage claim to the Plaintiff, and on August 31, 2015, F notified the Defendants of the said assignment of claim.

C. Therefore, the defendants are jointly and severally liable to pay the above bonds acquisition amount and damages for delay to the plaintiff.

2. Determination as to the defendants' main defense

A. The Plaintiff asserted that the Plaintiff acquired the above damage claim from F, and that the Defendants filed a claim for payment equivalent to the amount of the damage claim in this case against the Defendants. The Defendants asserted that the transfer of the claim by F to the Plaintiff was unlawful on the grounds that the transfer of the claim was mainly made by F to the Plaintiff, and thus, constitutes a litigation trust and thus,

B. Where the assignment of claims, etc. primarily takes place with the aim of enabling the litigation, the assignment of claims does not constitute a trust under the Trust Act.