beta
(영문) 서울중앙지방법원 2020.11.12 2020나14313

양수금

Text

1. The application for intervention in the instant co-litigation shall be dismissed.

2. The costs of lawsuit resulting from the intervention in the co-litigation shall be.

Reasons

1. An ex officio judgment as to the legitimacy of a motion for intervention in a co-litigation shall be permitted in cases where the purpose of the lawsuit is to be determined jointly with a party and a third party (joint-litigants) (Article 83(1) of the Civil Procedure Act). Even based on the assertion itself by an intervenor of the Plaintiff co-litigation (hereinafter “participating”), it is difficult to view that the purpose of the lawsuit is to be determined collectively with the Plaintiff and the intervenor, and thus, the Intervenor’s motion for intervention in a co-litigation is unlawful as it does not meet the requirements under Article

On the other hand, the Seoul Central District Court 2020Na1386 case against the defendant was terminated on October 23, 2020.

2. Conclusion, the motion for intervention in the instant co-litigation is unlawful and cannot be corrected. Thus, the motion for intervention in the instant co-litigation is dismissed by a judgment without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.