임대차보증금
1. Following the counterclaim claim filed by the Plaintiff (Counterclaim Plaintiff) in the first instance against an independent party intervenor (Counterclaim Defendant).
The lawsuit of the plaintiff and the intervenor shall also be considered.
1. In the first instance court, the Plaintiff filed a lawsuit against the Defendant and C seeking the payment of the lease deposit under the instant lease agreement, which is deemed to be below, and the Intervenor filed an application for intervention with the independent party seeking the payment of the lease deposit against C on the ground that C acquired the lease deposit claim against the instant building.
(2) The first instance court partly accepted the Intervenor’s claim and dismissed the Plaintiff’s claim against the Defendant and C.
(3) As to this, only the Plaintiff filed an appeal regarding the part against the Defendant and C.
The plaintiff changed the lawsuit against C in relation to the principal claim in the trial of the court, and changed the lawsuit against C to the confirmation of the claim for payment of the deposit money of this case, and added the alternative claim against the defendant for payment of damages based on tort to the defendant.
However, on the fourth day for pleading, the Plaintiff withdrawn a lawsuit against C in the main lawsuit, and no person raises an objection against the withdrawal of the lawsuit, and the Plaintiff’s lawsuit against C was concluded as withdrawal of the lawsuit.
(4) On the other hand, in the trial court, the intervenor withdrawn the application for intervention against C, and (any objection against the above withdrawal was not raised and the lawsuit for intervention by the independent party against C was concluded as the withdrawal of the lawsuit against the intervenor) the intervenor filed an application for intervention against the plaintiff. The plaintiff filed a counterclaim against the intervenor.
(5) Therefore, the scope of this Court’s adjudication is limited to the Plaintiff’s principal lawsuit (in the principal lawsuit and preliminary lawsuit) seeking monetary payment against the Defendant and the Intervenor’s claim seeking confirmation of the claim for payment of deposit money of this case filed in the trial, and the Plaintiff’s counterclaim against the Intervenor.
2. Basic facts
(a) a Party;