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1. The Defendant’s Intervenor’s motion to intervene is dismissed.
2.(a)
The payment shall be made below in the judgment of the first instance.
Reasons
1. Determination on the legitimacy of the application for intervention
A. The Intervenor joining the Intervenor’s assertion (hereinafter “the Intervenor”) is a member of the AB Commercial Building Association (hereinafter “instant Union”) and is a member of the Defendant’s cash dividend association, such as the Plaintiffs.
The decision to pay cash dividends, etc. to the plaintiffs shall follow the resolution of the general meeting of partners. If the cash dividends, etc. are paid to the plaintiffs under the agreement on November 14, 2012 and November 16, 2012 (see the agreement of this case, e.g., the following 3-h; hereinafter collectively referred to as the "agreement") without the said resolution, the remaining partners shall receive dividends to the remaining property of the defendants, and the method of calculation shall also be in violation of equity by receiving the small amount of money from the defendants in accordance with the computation method at the time of cash dividends for the union members.
Therefore, the Intervenor has an interest in the outcome of the instant lawsuit, thereby benefiting to participate in the lawsuit.
B. In order to intervene in a case to assist one of the parties in a specific litigation case, there must be an interest in the result of the case in question. The term "interest" refers to a legal interest, not in fact, economic or emotional interest, and it refers to a case in which res judicata effect or executory power of the judgment in question is obtained as a matter of course, or even if the judgment in question does not directly affect the effect of the judgment in question, it refers to a case in which the legal status of a person who intends to participate in
(See Supreme Court Decision 2005Da19156 Decided April 26, 2007). The Intervenor does not fall under the relation of res judicata or executory power of the judgment of the instant lawsuit, and the Intervenor does not fall under the relation of res judicata or executory power of the judgment of the instant lawsuit. The Intervenor as a cash dividend partner, such as the Plaintiffs, is subject to the instant agreement, and the land price borrowed against the Defendants pursuant to the instant agreement.