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1. The part of the Plaintiff’s claim for restitution of real estate among the instant lawsuit and the Plaintiff’s successor’s claim for intervention in succession respectively.
Reasons
1. The purport of the Plaintiff’s claim in a civil lawsuit regarding the legitimacy of the part concerning the claim for restitution of real estate among the instant lawsuit is that necessary entry in the complaint for the purpose of the subject matter of lawsuit and the scope of the court’s trial, and its content and scope should be specified in detail so that it can be clearly identified. However, it is entirely unclear whether the part concerning the Plaintiff’s claim for restitution of the building indicated in the attached list among the instant lawsuit seeking restitution of real estate refers to any act that the Plaintiff seeks, and thus, this part
2. According to Article 81 of the Civil Procedure Act, where a third party succeeds to all 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 such application for intervention in succession constitutes a summary of intervention.
A case constitutes a litigation requirement and required to participate
If there is any defect in a case, the application for intervention shall be rejected by a judgment following pleadings.
(See Supreme Court Order 2006Ma1171 Decided August 23, 2007). The Intervenor filed an application for intervention by succession on the ground that the Intervenor purchased from the Plaintiff the third floor D building (hereinafter “instant building”) among the real estate listed in the separate sheet, and completed the registration of ownership transfer in the Intervenor’s future on December 3, 2018.
On the other hand, it is evident in the record that the plaintiff terminated the lease contract of the building of this case concluded by the complaint of this case with the defendant and accordingly sought delivery and overdue rent of the building of this case. This is to seek the return of leased object and the payment of overdue rent, etc. in the status of the lessor under the lease contract.
In the claim based on such a claim, the object is not itself, but also the claim.