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(영문) 광주지방법원 2019.07.24 2019가단10366
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the payment order in the Gwangju District Court 2013 tea 295.

Reasons

1. Determination as to the claim of this case

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. According to Article 81 of the Civil Procedure Act, where a third party succeeds to all or part of the right or obligation which is the object of a lawsuit while the lawsuit is pending before the court, the third party may file an application for intervention in succession with the court in which the lawsuit is pending, specifying the purport of and reasons for intervention. Such application for intervention in succession constitutes a kind of lawsuit, and such application for intervention in succession constitutes a summary of intervention.

case is subject to the requirements of the lawsuit.

(see Supreme Court Decision 2011Da85789, Apr. 26, 2012). Therefore, in a case where a person acquires a right, which is the subject matter of a lawsuit before filing a lawsuit, prior to the filing of the lawsuit, an application for succession to a right does not satisfy the requirements for intervention in succession

(see Supreme Court Decision 83Meu1027, Sept. 27, 1983). As to the instant case, the Health Team and the succeeding intervenor filed an application for intervention on the ground that they acquired a claim against the Plaintiff from the Defendant on December 27, 2018, prior to the continuation of the instant lawsuit, the succeeding intervenor’s application for intervention is unlawful, failing to meet the requirements for intervention by succession under Article 81 of the Civil Procedure Act.

Therefore, the successor's application for intervention is dismissed.

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