1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation concerning this case is as stated in the corresponding part of the judgment of the court of first instance, except for the addition of the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant filed a complaint against the plaintiff A, etc. of the first instance court (hereinafter referred to as "A") for the crime of attempted fraud with the prosecutor's disposition of non-prosecution. The defendant filed an application for adjudication against such complaint, but the petition was dismissed by the Daegu High Court 2016 Seocho Jae-649 on May 11, 2017. The court is a substantial fact that this court had made a decision to find facts and make a decision at the first instance court, even if all additional arguments and evidence were to be added to this court.

[Judgment added at the trial of the court] The defendant asserts that the plaintiff succeeding intervenor applied for intervention in the lawsuit of this case on April 7, 2015, but there is no circumstance that the plaintiff succeeding intervenor paid the price for acquisition to A, and that the plaintiff succeeding intervenor and the plaintiff's personal relations or legal relations do not appear at all, the plaintiff succeeding intervenor cannot be deemed to have received the claim from A, and the above claim formation and water supply constitute a litigation trust which mainly takes place for the fact that the plaintiff succeeding intervenor did not have any other cause or a quid pro quo relationship between the plaintiff succeeding intervenor and A, and thus, the above claim formation and water are null and void pursuant to Article 7 of the Trust Act by analogy.

In case where the assignment, etc. of a claim mainly takes place for the purpose of litigation, Article 7 of the Trust Act shall apply mutatis mutandis even if the assignment of claim does not fall under a trust under the Trust Act, so it shall be null and void, and whether it is the main purpose of litigation shall be determined in all the circumstances, such as the course and method of concluding the assignment contract, interval between the transfer contract and the filing of the lawsuit, and the status relationship between