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(영문) 대전지방법원천안지원 2017.08.24 2017가단4757
건물인도
Text

1. The Defendants ordered the Plaintiff’s succeeding Intervenor to order the building indicated in the separate sheet.

2. The plaintiff's defendants.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

(a) Indication of claims: The grounds for claims and the written application for participation in lawsuit succession are as specified in the attached Form;

(b) Claim against Defendant E or F: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act): Decision on the deeming that a confession is made (Article 208(3)2 of the Civil Procedure Act);

2. The Plaintiff’s claim and the Plaintiff’s claim of the Plaintiff’s succeeding intervenor continue to remain effective as an ordinary co-litigation, since the Plaintiff filed an application for withdrawal after the Plaintiff’s succeeding intervenor’s succeeding intervenor’s succeeding intervention but did not obtain the Defendants’ consent as the other party.

(See Supreme Court Decision 2002Da16729 delivered on July 9, 2004, etc.). The plaintiff's successor filed an application for intervention in the succession of this case on the ground that the plaintiff acquired ownership by gift from the plaintiff as stated in the separate sheet, and it is apparent in the record that the plaintiff did not dispute this and did not withdraw from the lawsuit of this case without the plaintiff's consent. Thus, the plaintiff transferred the ownership of the above building to the plaintiff's successor during the proceeding of this case to the plaintiff's successor, and the plaintiff's claim against the defendants based on ownership is without merit.

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