1. The application for intervention by an independent party intervenor shall be dismissed;

2. The auction of the 36,496 square meters of the D Forest in Kimcheon-si.

1. An independent party intervention as stipulated in Article 79(1) of the Civil Procedure Act regarding the legitimacy of an application for intervention by an independent party refers to a third party who claims all or part of the subject matter of lawsuit as his/her own right when the lawsuit is pending between the other parties, or who claims that his/her right is infringed upon as a result of the lawsuit, and intends to resolve the conflicting rights or legal relations between the third party by participating in the lawsuit and the third party

Therefore, during the intervention by an independent party, the intervention in the right claim may be allowed only when the plaintiff's principal claim and the intervenor's claim are deemed to be incompatible with the assertion itself. The intervention in the prevention of corruption may be allowed in cases where the plaintiff and the defendant are objectively recognized to have the intent to infringe the intervenor's rights through the lawsuit and it is acknowledged that the plaintiff and the defendant's intent to infringe on the intervenor's rights through the lawsuit

(see Supreme Court Decision 2014Da221777, Apr. 26, 2017). Moreover, an application for intervention is identical to a new lawsuit (see Supreme Court Decision 94Da12517, Nov. 25, 1994). Therefore, a lawsuit seeking partition of jointly-owned property may be instituted only by co-owners.

(Article 269(1) of the Civil Act. First, as to the part concerning the claim for partition of co-owned property among the application for intervention by an independent party intervenor, the independent party intervenor and the designated party are not owners of 36,496m2 (hereinafter “instant real estate”), Kimcheon-si, Kimcheon-si, the real estate subject to partition, and thus, there is no standing to be co-owned property partition

Next, in the case of the application for intervention by an independent party intervenor, the cause of the claim in this part is to divide the amount corresponding to the inheritance shares of the independent party intervenor and the designated party in the case of the realization of the real estate of this case which was originally inherited property.