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(영문) 서울중앙지방법원 2016.10.06 2015나59176
근저당권 등 말소회복등기 청구의 소
Text

1. The request for intervention by the independent party of this case shall be dismissed.

2. The defendant's appeal is dismissed.

3. The plaintiffs and defendant.

Reasons

1. An independent party intervenor only seeks a judgment that the plaintiffs' claims against the plaintiffs' independent party intervenor C are dismissed in the purport of participation (the content of which the plaintiffs' claims are sought to be dismissed is substantially the same as the defendant's grounds for appeal) and the plaintiffs' claims and logically incompatible rights are asserted or their rights are infringed according to the outcome of the main lawsuit, and thus does not make their claims against the plaintiffs or the defendant.

Therefore, the independent party participation in the instant case is unlawful because it does not meet the requirements.

2. The reasoning of this Court’s explanation in this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the

3. In conclusion, the intervenor's application for intervention of the independent party of this case is dismissed as illegal, and the judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed.

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