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(영문) 서울고등법원 2019.01.24 2018나2058012

청구이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The grounds for admitting the judgment of the court of first instance as to this case are as follows, except for the modification of part of the grounds of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Revision] The part of the 10th 10th 11th 11st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 3 through 11st 3th 10th 10th 10th 10th 10th 19 was changed to “the evidence No. 3 through 11th 19th 1st 19th 1st 11st 11st 11st 11st 11st 11st 11st 2012 2nd 29th 2016, the G succeeded 1st 1st 2016 2nd 29th 2016 2nd 2nd 19th 2016. The defendant filed a separate lawsuit against the first 2nd 2nd 2016th 207.

In each appellate trial of the above 1 and 2 takeovers lawsuit, the Defendant, as an independent party intervenor, could sufficiently assert and prove the existence and performance of the transfer claim as of August 28, 2013.

Nevertheless, in each of the above appellate proceedings, the defendant brought a separate lawsuit against the plaintiff without attending at all on the date of pleading, and without conducting any procedural acts. The defendant's claim for the transfer money of this case is in violation of the principle of prohibition of double lawsuit as stipulated in Article 259 of the Civil Procedure Act, because the defendant is an independent party intervenor in the second transfer money lawsuit and is identical to the claim that the plaintiff was primarily sought against the plaintiff, and as an independent party intervenor in the first transfer money lawsuit of this case, the defendant's claim for the transfer money of this case is in fact identical to the claim that the plaintiff was sought against the plaintiff.