소유권이전등기 등
The request for intervention by an independent party intervenor raised in this Court shall be rejected.
An independent party intervenor;
The scope of a trial by this court under Article 79 of the Civil Procedure Act is the form of litigation in which the plaintiff, the defendant, and an independent party intervenor resolve the same legal relationship in a lump sum without contradiction. In a case where the intervention of the independent party is deemed lawful and a judgment on the merits of a lawsuit between the plaintiff, the defendant, and the independent party intervenor is rendered on the merits of the lawsuit between the plaintiff, the defendant, and the independent party intervenor, the court shall render a final judgment with the name of the above three parties, and thereby make a joint and conclusive conclusion among the above three parties. In a case where one party appeals on the merits, the final judgment of the first instance is interrupted and the whole case becomes effective.
In such a case, the object of the appellate trial shall be limited to the scope of objection expressed in the purport of the appeal by the person who actually filed the appeal, but the scope of the trial shall be determined by considering the need for the conclusion of the conclusion between the above three parties.
(See Supreme Court Decisions 90Da19329 1936 delivered on March 22, 1991, 2006Da86573, 86580 delivered on October 26, 2007, etc.). In this case, the first instance court rendered a judgment on the part of the intervenor as to the intervenor's application for intervention. Thus, even if only the plaintiff appealed against the first instance judgment, the final judgment of the first instance court is interrupted and the entire case was transferred to this court.
(A) An independent party intervention suit is also pending and issued with the number of 2019Na117413: Provided, That as long as the Plaintiff’s lawsuit against the Defendants is dismissed on the ground that the lawsuit against the Defendants is unlawful, it cannot be deemed that there is a need for the unity of conclusion among the Plaintiff, Defendants, and intervenors. Thus, the subject of adjudication by this Court is limited to the principal lawsuit, and the subject of adjudication by this Court is excluded from the subject of adjudication by this Court.
2. Basic facts premised on the premise;
A. The plaintiff, the designated person L, and the independent party intervenor.