손해배상금
1. The plaintiff's supplementary intervenor's application for participation shall be dismissed.
2. The plaintiff's appeal is dismissed.
3. The plaintiff and the defendant.
1. Determination on the legitimacy of the application for intervention
A. The Plaintiff’s Intervenor’s assertion that the Plaintiff’s supplementary intervenor is entitled to participate in the instant lawsuit in order to assist the Plaintiff’s winning as a creditor against the Plaintiff.
B. A third party who has an interest in the result of a judgment lawsuit may participate in the lawsuit pending in the court in order to assist either party (Article 71 of the Civil Procedure Act). The term “interest” refers to a legal interest, not a de facto, economic or emotional interest but a legal interest. This refers to a case in which res judicata or executory power of the judgment of the lawsuit in question is naturally obtained, or even if the judgment does not directly affect the judgment, the legal status of a person who intends to participate in the lawsuit is determined on the premise of the judgment at least
(See Supreme Court Decision 2005Da19156 Decided April 26, 2007). In light of the above legal principle, even if the Plaintiff’s assertion regarding the instant case is based on the health team and the Plaintiff’s assertion, the Plaintiff’s Intervenor is merely a creditor against the Plaintiff, and it cannot be deemed that the legal status of the Plaintiff’s Intervenor is determined according to the result of the instant judgment, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s application for
2. Facts of recognition;
A. From August 1992 to June 8, 2018, the Plaintiff’s road name address in Gangdong-gu Seoul Metropolitan Government is Gangdong-gu J and E, Gangdong-gu, Seoul.
(hereinafter “instant real estate”) occupied and used the instant real estate.
B. F Co., Ltd. (Representative: Liquidator G) filed a lawsuit against the Plaintiff for confirmation of non-existence of the obligation to transfer the ownership of the instant real estate, and on September 15, 2017, the purport is that “the Plaintiff shall deliver the instant real estate to F Co., Ltd. on the condition that the Plaintiff would receive KRW 13,000,000 from F Co., Ltd., the owner of the instant real estate.”