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Main Issues
Withdrawal of party participation and request for intervention;
Summary of Judgment
As a result of the intervenor taking part of the claim for confirmation of ownership of the dispute building in this case against the defendant among the purport of participation, the above participation loses the nature of the original party participation, and only the purport of the intervenor seeking rejection of the plaintiff's claim against the defendant remains, it shall be interpreted that the statement on the maintenance of participation after the withdrawal of part of the intervenor's participation was a new intervention for the defendant.
[Reference Provisions]
Articles 64 and 71 of the Civil Procedure Act
Plaintiff-Appellant
Kim Uniform
Defendant-Appellee
Effective Date; and
Intervenor joining the Defendant
Tyanites
Judgment of the lower court
Busan District Court Decision 59No65 delivered on May 15, 1959
Reasons
In light of the plaintiff's legal reasoning stated at the oral argument of Busan District Court on June 18, 1958, it can be known that the intervenor asserted ownership of the main building which is the object of the plaintiff's principal lawsuit against both the plaintiff and that the plaintiff participated in the main lawsuit against the defendant and that the above main building was the part of the plaintiff's new lawsuit against the defendant's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit against the plaintiff's new lawsuit.
Justices Byunok-ju (Presiding Justice)