소유권이전등기
1. The plaintiff C's motion to intervene in the party proceedings shall be dismissed.
2. All appeals filed by the plaintiffs.
1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence
2. We examine, ex officio, whether the application for intervention by Plaintiff C is lawful or not, ex officio, as to the legitimacy of the application for intervention by succession.
According to Article 81 of the Civil Procedure Act, where a third party succeeds to the whole or part of the right or obligation which is the object of a lawsuit while the lawsuit is pending before the court, such third party may apply for intervention in succession to the court in which the lawsuit
However, such application for succession constitutes a kind of lawsuit and a summary of participation.
The case constitutes a litigation requirement and is required to participate.
If there is any defect in a case, the application for intervention shall be rejected by a judgment following pleadings.
(See Supreme Court Decision 201Da85789 Decided April 26, 2012, etc.). An succeeding intervenor, among the real estate listed in the attached Table 2, is deemed to have filed an application for intervention in succession on January 9, 2017, inasmuch as the succeeding intervenor received the Plaintiff’s ownership of the Plaintiff C’s ownership by gifting Plaintiff C’s 2/38415 share among the real estate listed in the attached Table 2 and completed the registration of ownership transfer thereof, even if it is based on the succeeding intervenor’s assertion on January 9, 201
A. The submission was made.
However, in this case, the Plaintiff C filed for the registration of ownership transfer based on the restoration of the authentic title as to the portion of 195/38415 shares for which the registration of ownership transfer was completed in the name of the original principal (i.e., 197/38415 shares), among the shares of 2/390 shares in the real estate listed in attached Table 2 for which the registration of ownership transfer was completed in the original name of the principal (i.e., 197/38415 shares). Therefore, it is difficult to deem
Therefore, the successor's request for intervention by succession is required.
did not have any case.