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(영문) 부산고등법원 2015.09.02 2014나6763
배당이의
Text

1. The plaintiff's motion to intervene in the case shall be dismissed.

2. Of the judgment of the first instance court, part against Defendant C.

Reasons

1. The Plaintiff’s Intervenor’s motion to intervene in a specific litigation case to assist one of the parties to the instant lawsuit must have an interest in the outcome of the relevant lawsuit, and the interest here refers to legal interests, not in economic or emotional interests (see, e.g., Supreme Court Decision 9Da26924, Sept. 8, 200). The Plaintiff’s Intervenor entered into a title trust agreement with the Plaintiff and completed the registration of transfer of ownership on the land of Busan Seo-gu E 29,586 square meters (hereinafter “instant real estate”). As such, the Plaintiff’s Intervenor, who is the actual owner of the instant real estate, should participate in the instant dividend procedure, asserts that the Plaintiff’s Intervenor, not the Plaintiff, should participate in the instant lawsuit. To this end, the Plaintiff’s motion to intervene in the instant lawsuit.

However, according to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, a title trust agreement is null and void, and any change in real rights to real estate made by registration under a title trust agreement shall also be null and void. Moreover, the assertion and submission of the Plaintiff’s supplementary intervenor is merely a title trust agreement

or after that, the above title trust contract cannot be deemed to have been terminated.

Therefore, insofar as the Plaintiff’s Intervenor’s right to the instant real estate is not recognized, the validity of the instant judgment is not directly effective, or the legal status of the Plaintiff’s Intervenor is determined on the premise of the said judgment. Thus, the Plaintiff’s assertion alone does not constitute a legal interest required for the Plaintiff’s participation requirement, and there are no other materials to support the instant judgment.

Ultimately, the Plaintiff’s motion for intervention by the Intervenor is unlawful.

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