청산금
1. The supplementary intervenor's participation shall be permitted.
2. The plaintiffs' appeal is dismissed.
3. The appeal costs.
1. The defendant raises an objection that the application for intervention by the plaintiff's assistant intervenor should be dismissed because the application for intervention by the plaintiff's assistant intervenor is not satisfied the requirements. Thus, in order to intervene in the lawsuit to assist one party in a specific litigation case, there must be an interest in the outcome of the lawsuit. The interest here refers to a legal interest, not a de facto, economic or emotional interest but a legal interest. The case where the judgment is subject to res judicata effect or executory power of the lawsuit, or at least where the legal status of the person who intends to participate in the lawsuit is determined on the premise of the judgment (see, e.g., Supreme Court Decisions 9Da12796, Jul. 9, 199; 2005Da19156, Apr. 26, 2007). In case where the judgment against the plaintiff's lawsuit becomes final and conclusive, the plaintiff's assistant intervenor has an interest in the result of the lawsuit in this case.
Therefore, the defendant's objection is without merit, and it is reasonable to allow the participation of the plaintiff's supplementary intervenor.
2. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '3. additional determination' as to the allegations emphasized or added by the plaintiffs in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Additional determination
A. Determination as to the assertion by the Plaintiffs and the Plaintiff’s Intervenor on the existence of liquidation money 1) There was no agreement between the Plaintiff’s Intervenor and the Defendant on the purchase price of the instant land as a collateral obligation for the provisional registration of this case. In the case of provisional registration to secure the payment obligation, the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) is applicable.
in spite of the absence of such application;