건물인도
1. The defendant (Counterclaim plaintiff) supplementary intervenor shall be dismissed from participating in the supplementary participation;
2. The plaintiff (Counterclaim defendant)'s principal claim and the plaintiff's counterclaim.
The Intervenor asserted that the Defendant’s son who occupied the instant house and entered into a sales contract with the Plaintiff for the instant house is qualified to participate in the subsidization, and that the Intervenor filed a counterclaim with the Defendant, along with the delivery of the instant house and selective performance of the payment of the remainder of the purchase price.
However, in order to intervene in a specific litigation case in order to assist one of the parties, there must be an interest in the outcome of the litigation concerned. The term "interest" refers to a legal interest, not in fact, economic or emotional interest, which refers to a case where the judgment is res judicata or executory power of the judgment in question, or where the judgment does not directly affect the effect of the judgment in question, it refers to a case where the legal status of a person who intends to participate in the litigation is determined at least on the premise of the judgment (see, e.g., Supreme Court Decision 2005Da19156, Apr. 26, 2007). However, as alleged above by the intervenor, it is difficult to see that the intervenor has any legal interest in the outcome of the lawsuit in question,
Therefore, the Intervenor’s motion for intervention did not meet the requirements for intervention.
I would like to say.
1) On June 30, 2004, the Plaintiff and the Defendant’s ASEAN concluded a sales contract (hereinafter “instant sales contract”) with a purchase price of KRW 48,577,852 as to the 50 square meters of the instant housing and the site for the instant housing on June 30, 2004.
2) In writing, G as a guarantor, the above purchase price shall be determined by the Gangwon-gu Saemaeul Fund (hereinafter referred to as “Sule Community Fund”) with the Plaintiff as the guarantor.
(2) The Plaintiff paid 48,577,852 won to repay the principal and interest of the loan granted by the Plaintiff on behalf of the Plaintiff. 2) The community credit cooperatives are G.