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1. The Intervenor’s Intervenor’s motion for intervention is permitted.
2. On the Defendant F and H of the first instance judgment.
Reasons
Basic Facts
The reasons for this part are as follows: “On the other hand, the representative F and H’s building G, and the building No. 55) No. 1 were completed on June 5, 2019 in the proceeding of the instant lawsuit on the following: “On the other hand, the ownership transfer registration for the sale due to voluntary auction (Evidence No. 55) was completed on June 5, 2019,” and “Defendant C” is the same as the corresponding part of the judgment of the first instance, except for the case where “Defendant C” is used as “Defendant Intervenor”. Accordingly, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The Plaintiffs asserts that the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) failed to meet the requirements for intervention.
In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the result of the lawsuit. The term "interest" refers to a legal interest, not in fact, economic or emotional interest, and it refers to a case where res judicata or executory power of the judgment of the relevant lawsuit is granted as a matter of course, or where the judgment is not directly effective, it refers to the case where the legal status of a person who intends to participate in the lawsuit is determined on the premise
(See Supreme Court Decision 2005Da19156 Decided April 26, 2007). The Plaintiffs dispute the validity of a resolution that appointed or re-appointed an intervenor as the Defendant’s custodian. As such, the legal status of the Intervenor, who is the Defendant’s custodian, is determined on the premise that the above resolution becomes null and void.
Therefore, the Intervenor is deemed to have a legal interest in the outcome of the instant lawsuit. Therefore, the Intervenor’s motion for intervention in the instant case is lawful and thus, it is permitted.
The time limit for the Intervenor to file a lawsuit on the defense before the merits is set.