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1. The defendant's assistant intervenor's motion to intervene shall be dismissed;
2.(a)
Defendant and ABD Co., Ltd.
Reasons
1. Determination on the legitimacy of the motion for intervention in the instant case
A. On November 24, 2010, the Intervenor’s assertion by the Defendant Intervenor (hereinafter “ Intervenor”) filed a lawsuit against the Defendant, including the cancellation of the sales contract concluded between the Defendant and ABD Co., Ltd. (hereinafter “Nonindicted Company”) with respect to each real estate listed in the separate sheet, and a final and conclusive judgment rendered in favor of the Defendant on July 11, 2014 (Seoul High Court 2013Na2012875). In the event the Plaintiff’s claim against the Defendant against the Defendant for minimum and value compensation of the fraudulent act of this case against the Defendant is accepted, the Intervenor is in a position unfavorable to the Defendant and has legal interest. Accordingly, the Intervenor’s motion for intervention in the lawsuit is filed to assist the Defendant’s winning.
(b) have interests in the outcome of the action in order to intervene in the action to assist one of the parties in any judgment case.
The term "interest" refers to an interest which refers to a legal interest, not a de facto economic or emotional interest but a legal interest. The existence of such an interest means a case in which the res judicata or executory power of the judgment in question is naturally granted or the judgment in question does not directly affect the effect of the judgment in question, but at least a case in which the legal status of a person who seeks to participate in assistance is determined on the premise
(see, e.g., Supreme Court Decision 79Nu74, Aug. 28, 1979). When the plaintiff's claim for revocation of the fraudulent act of this case is accepted, the value of the right to claim for ownership transfer registration (or claim for compensation for value) on each real estate listed in the separate sheet shall be returned to the non-party company that is the debtor, and the liability property increases. The intervenor who is the general creditor of the non-party company is only a benefit in favor of the plaintiff, and cannot be viewed as a benefit in favor of the defendant, and the claim is accepted in the lawsuit