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1. The part concerning the intervenor by the independent party among the judgment of the first instance shall be revoked, and the application for intervention by the independent party intervenor shall be filed.
Reasons
1. The intervenor, at the first instance trial, seeks the plaintiff to dismiss the plaintiff's claim against the defendants while participating in the independent party.
An independent party participating in a lawsuit by a third party who asserts that the whole or part of the subject matter of the lawsuit is his/her own right, or who asserts that the subject matter of the lawsuit is his/her infringement by the result of the lawsuit is a party and participates in the lawsuit as a party, and intends to settle the conflicting rights or legal relations between the three parties at one time without contradiction. Thus, an independent party intervenor shall make an independent claim against both parties of
However, the application for intervention by the independent party of this case does not have any independent claim except seeking dismissal of the plaintiff's claim.
It is said that there was no case.
Therefore, the application for intervention by the independent party of this case is unlawful.
2. In the first instance trial, the Plaintiff requested the cancellation of the registration of the right to claim partial transfer of ownership against the Defendants, and the independent party intervenor requested the rejection of the Plaintiff’s claim against the Defendants and filed an application for intervention by the independent party.
On this issue, the court of first instance accepted all the plaintiff's claims against the defendants, and rendered a judgment dismissing the application for intervention of the independent party intervenor.
An independent party intervenor only appealed against the judgment of the court of first instance. Although only the intervenor appealed against the judgment in favor of the plaintiff, the court of appeal can change the part for the plaintiff's defendant to the plaintiff to the disadvantage of the plaintiff in the appellate court, it is limited to the case where the plaintiff's application for intervention is lawful and it is necessary to make a joint decision, and the case where the application for intervention by the independent party of the intervenor who has filed the appeal is dismissed as illegal.