1. The motion for succession of this case shall be dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

The plaintiff's successor's motion to succeed ex officio is legitimate.

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, such third party may apply for intervention in succession to the court in which the lawsuit is pending. Such application for intervention in succession constitutes a kind of lawsuit and

A case constitutes a litigation requirement and required to participate

If there is any defect in the case, the application for intervention shall be dismissed by a judgment following pleadings (see, e.g., Supreme Court Decision 2011Da85789, Apr. 26, 2012). In a case where a person acquires a right, which is the object of lawsuit, before a lawsuit is filed, barring special circumstances, the requirement for intervention is lacking and the application for intervention cannot be deemed unlawful.

(See Supreme Court Decision 83Meu1027 Decided September 27, 1983). The Plaintiff’s succeeding intervenor asserts that on October 15, 2018, when the instant lawsuit was pending, the Plaintiff filed an application for intervention in succession on the ground that the Plaintiff’s claim against the Defendants was transferred by the Plaintiffs.

However, according to the records of this case, the plaintiffs' filing date of the lawsuit of this case was October 1, 2018. The date when the duplicate of the complaint of this case was served on the defendants by the defendant B, C, and D was November 21, 2018, and the defendant G and J were November 22, 2018. Thus, the continuation of the lawsuit between the plaintiffs and the defendants occurred on November 21, 2018 or November 22, 2018. The date when the plaintiff's succeeding intervenor asserted that the plaintiff's succeeding intervenor was transferred the rights from the plaintiffs is October 15, 2018, the date when the lawsuit is pending. Thus, the plaintiff's succeeding intervenor's motion for intervention in succession is required to intervene in succession.

It is unlawful as it does not have a case.

Therefore, the plaintiff's motion to participate in the succession of the plaintiff's successor based on the transfer of the subject matter of lawsuit prior to the continuation of the lawsuit is illegal, and it is so decided