물품대금
1. The part of the judgment of the first instance against the intervenor by the independent party shall be revoked.
2. The person who is the independent party intervenor; and
1. The reasoning for this part of the reasoning is as stated in the part concerning “1. Basic Facts” among the reasoning of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act
2. Judgment on the plaintiff's main defense against an independent party's intervention
A. The gist of the main defense of this safety is as follows: 1) An independent party intervenor (hereinafter “participating”).
(2) The Intervenor filed an application for intervention pursuant to the latter part of Article 79(1) of the Civil Procedure Act on the ground that the principal lawsuit of this case is a lawsuit in collusion with the Plaintiff, for the purpose of reducing the property to be divided into the Intervenor and the Defendant in divorce and division of property between the Intervenor and the Defendant. However, the Intervenor may exercise the “right to revoke a fraudulent act for preserving the claim for division of property” under Article 839-3 of the Civil Act on the ground that there is no legal obstacle to the exercise of the right, and there is no concern that direct or indirect rights or legal status may be infringed upon by the outcome of the principal lawsuit of this case, and as alleged by the Intervenor, it cannot be acknowledged that the Intervenor did not have any adequate means to resolve the dispute over the right to revoke the fraudulent act in collusion with the Defendant. Accordingly, the Intervenor’s primary intervention did not meet the requirements for prevention of fraudulent participation, and there is no benefit in confirmation, which is unlawful.
B. Among the participation of the 1 independent party, it is objectively recognized that the plaintiff and the defendant in the principal lawsuit have the intent to impair the intervenor through the lawsuit in question, and the result of the lawsuit is likely to infringe the intervenor's rights or legal status.