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(영문) 부산고등법원(창원) 2015.09.17 2014나3316

소유권확인

Text

1. The independent party intervenor's appeal is dismissed;

2. The costs of appeal shall be borne by the intervenor of the independent party.

Reasons

Ex officio, we examine the legitimacy of the motion for intervention by the independent party.

On November 20, 1997, the intervenor filed an application for intervention by the independent party to the case in order to participate in the lawsuit claiming the registration of land ownership transfer (hereinafter “instant lawsuit”). The lawsuit in this case is brought against the defendant A on August 8, 1997, and the remaining defendants are not resumed after the closing of argument on November 14, 197, and the judgment accepting the plaintiff’s claim on November 21, 1997 is rendered. The fact that the judgment became final and conclusive because the defendants did not appeal the above judgment against the above judgment is obvious or obvious in the records.

However, an application for intervention by an independent party may be filed at the time when the lawsuit is pending at the trial court, and in the event that the application for intervention by an independent party is filed after the closure of arguments at the trial court, the application for intervention by the independent party is unlawful as long as the pleading is not resumed. This case’s application for intervention by the independent party was filed after the closure of arguments at the lawsuit subject to intervention in the case, and the conclusion of the pleadings was not resumed, and thereafter, the judgment became final and conclusive due to the lack of appeal by the Defendants as to the lawsuit subject to intervention in the case

Therefore, the judgment of the court of first instance that rejected the Intervenor’s application for intervention of the independent party of this case is justifiable, and the Intervenor’s appeal is dismissed as it is without merit. It is so decided as per Disposition.