토지소유권확인
1. The plaintiff's appeal is dismissed.
2. The request for intervention by an independent party shall be rejected;
3. The costs of appeal are the Plaintiff’s participation.
1. The reasoning for this part of the judgment on the principal lawsuit is that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(2) On September 16, 2019, the first instance court filed an application for intervention by an independent party on the following grounds: (a) even if the evidence duly adopted and examined by the court of first instance was delivered to the Plaintiff, the lower court’s determination on the application for intervention by an independent party is justifiable even if the evidence was presented by this court).
However, the application for intervention by an independent party after the closure of the pleadings by the fact-finding court is unlawful unless the pleadings are resumed.
(Re-Opening of a pleading is an ex officio matter of the court, and in this case, it does not seem necessary to reopen the pleading). Therefore, the Intervenor’s application for intervention as an independent party is unlawful.
3. Thus, the plaintiff's claim is dismissed as it is without merit, and the intervenor's application for intervention as independent party shall be dismissed as illegal.
The judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed, and the intervenor's independent party intervention is dismissed.