1. The application for intervention by the defendant succeeding intervenor shall be dismissed;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

1. Basic facts

A. B Co., Ltd. filed a lawsuit against the Plaintiff seeking a loan by the Seoul Central District Court Decision 2010 Ghana278685, and received a decision of performance recommendation on March 3, 2010 (hereinafter “instant decision of performance recommendation”), and the said decision became final and conclusive on March 23, 2010.

Since then, the corporation B was declared bankrupt as Seoul Central District Court 2013Hahap64, and the defendant was appointed as the trustee in bankruptcy of the above bank.

B. On April 25, 2013, the Defendant’s succeeding intervenor was granted the succeeding execution clause regarding the instant decision on performance recommendation.

C. On September 23, 2019, the Plaintiff filed a lawsuit of objection against the instant claim seeking the rejection of compulsory execution based on the Defendant’s decision of performance recommendation against the Plaintiff, and the relevant warden was served on the Defendant on October 16, 2019.

On October 22, 2019, the Defendant sold the instant claim to the Intervenor succeeding to the Defendant, and submitted a written withdrawal from the lawsuit that the Defendant would withdraw from the lawsuit of this case.

E. On March 23, 2020, the Defendant’s succeeding intervenor filed a motion for intervention by succeeding the Defendant’s legal proceedings on the ground that the Defendant acquired the instant claim on June 15, 201.

[Reasons for Recognition] Facts without dispute, which are obvious or obvious in records to this court, Gap evidence 1, Eul evidence 1 (including provisional number), the purport of the whole pleadings

2. 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, 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 the outline

A case constitutes a litigation requirement and required to participate

If there are any defects on a case, they shall be rejected by a judgment following pleadings.

Supreme Court Decision 2011Da85789 Decided April 26, 2012