소유권이전청구권 가등기 등 말소
1. The application for succession of this case by the defendant C Fund shall be dismissed.
2. Application for intervention by succession.
On November 29, 2019, after the decision of this case was rendered, Defendant C Fund (hereinafter “applicant”) filed an application for intervention in the succession of this case pursuant to Article 81 of the Civil Procedure Act, asserting that on September 27, 2012, the Plaintiff acquired the claim against Defendant C Fund (the secured claim against the Defendant C Fund) against the obligor D, and filed an application for intervention in the succession of this case pursuant to Article 81 of the Civil Procedure Act.
However, an application for intervention in succession under Article 81 of the Civil Procedure Act can be filed by a person who has succeeded to all or part of the rights or obligations, which are the object of the lawsuit, while the lawsuit is pending before the court. Since the applicant's assertion itself was made before the lawsuit in this case, the applicant's succession to the right is not a third party who is entitled to file an application for intervention in succession
Moreover, the application for intervention in succession under Article 81 of the Civil Procedure Act can be filed while the lawsuit is pending in the court, and as seen earlier, the application of this case by the applicant was filed after the decision of this case was rendered.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the ground that the request of this case by a petitioner is unlawful.