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(영문) 서울중앙지방법원 2020.08.28 2018가단5142738
대여금
Text

1. The plaintiff's successor's application for intervention shall be dismissed.

2. Costs of lawsuit by succession.

Reasons

ex officio, we examine the legitimacy of the application for intervention by the plaintiff succeeding intervenor.

A third party who has succeeded to the whole or part of the right or obligation which is the object of a lawsuit, while the lawsuit is pending before the court, may apply for intervention in succession to the court in which the lawsuit has been pending (Article 81 of the Civil Procedure Act), and the time when the lawsuit is pending

(See Supreme Court Decision 94Da12517, 94Da12524, Nov. 25, 1994, etc.). On May 15, 2019, the Plaintiff’s succeeding intervenor filed an application for intervention by asserting that the Plaintiff received each of the instant loans from the Plaintiff and filed an application for intervention by succession. The fact that the duplicate of the instant complaint was served on the Defendant on December 13, 2019 is apparent in the record. As such, the Plaintiff’s succeeding intervenor acquired the right, which is the object of the lawsuit before the lawsuit is pending, lack the requirements for intervention by succession.

Therefore, the plaintiff's successor's motion to intervene in the succession is dismissed as illegal.

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