1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for adding the following parts to the second part of the judgment of the court of first instance as stated in the latter part of Article 420 of the Civil Procedure Act.

2. We examine the legitimacy of the application for intervention by the Defendant, since the Plaintiff raised an objection against D’s participation in the lawsuit of the deceased C, which was the part of the Defendant’s Intervenor, as to the legitimacy of the application for intervention by intervention.

The plaintiff asserts that the applicant for assistance does not have any legal interest in the outcome of the instant lawsuit between the plaintiff and the defendant, since the deceased C is not the owner of the instant store, but the tenant.

On the other hand, in order to intervene in a case to assist one of the parties in a specific litigation case, there must be an interest in the result of the relevant lawsuit. The term "interest" refers to a legal interest, not in fact, economic or emotional interest, and it refers to a case in which res judicata effect or executory power of the judgment of the relevant lawsuit is naturally obtained, or even if the effect of the judgment of the relevant lawsuit does not directly extend, it refers to the case in which the legal status of a person who intends to participate in the lawsuit is determined

(2) According to the records, the Plaintiff filed the instant lawsuit against the Defendant, claiming that the Defendant illegally occupied the store of this case owned by the Plaintiff from June 1, 1985, with Seoul Central District Court No. 2012Gadan3478. The part of the building for which the Plaintiff seeking the surrender of the instant lawsuit on February 13, 2012, when the instant lawsuit was pending, is in progress, shall be purchased from the Plaintiff on February 24, 1976 and actually owned by the supplementary participant.