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(영문) 서울고등법원 2018.12.12 2018나2030076

공동사업협약 무효확인 청구

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1. The request of an independent party intervenor whose exchange has been changed in this court shall be rejected;

2...

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as follows: ① each “this court” of the first instance judgment’s 5th 5, 6th 7th 7 pages shall be deemed to be the “Fan District District Court Eunpyeong”; ② Seoul High Court 2012Na89681” of the 6th 8th 8th shall be deemed to be the “Seoul High Court 2012Na89681”; ② in the part below the 8th eth eth eth 7th eth eth eth eth eth eth 2015, the name of the owner of the building of this case shall be deemed to be changed from the intervenor, the Defendants, the designated parties, the Defendants, and the designated parties. ③ In addition to adding “Evidence evidence 17” to the 9th eth eth eth eth eth eth eth eth eth eth eth e, the pertinent part of the judgment.

2. Determination on the application for intervention by an independent party

A. An independent party intervention is intended to claim that the whole or part of the subject matter of the lawsuit is his own right, or a third party asserting that the subject matter of the lawsuit is his right by the result of the lawsuit is a party, and settle in a lump sum without inconsistency between the two parties' rights or legal relations. Among the independent party intervention, the intervention in the right claim may be allowed when the plaintiff's principal claim and the independent party intervenor's claim are deemed to be in an incompatible relationship. The intervention in the right claim may be allowed if it can be viewed that the plaintiff's claim and the independent party intervenor's claim are not compatible with the assertion itself. The intervention in the right claim can be allowed in a case where it is objectively recognized that the plaintiff and the defendant have the intent to harm the intervenor through the lawsuit and it is recognized

[See Supreme Court Decision 2010Da106245 decided May 13, 201 (Intervention)] B.

Judgment

1) The Plaintiff’s purport of the claim is that of the Plaintiff, the Defendant (Appointed Party, the Defendants, and the Defendant).