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1. Revocation of a judgment of the first instance;
Each of the real estates listed in the separate sheet between the defendant and B shall be 1/2.
Reasons
1. Determination on the motion for intervention by the Intervenor joining the Defendant
A. Each one-half share (hereinafter “instant real estate share”) among the real estate (hereinafter “instant real estate”) listed in the separate sheet of the Intervenor’s Intervenor’s Intervenor’s assertion (hereinafter “ Intervenor”) purchased by the Intervenor and held title trust with B, and according to the conclusion of the instant judgment, the Intervenor has legal interest, such as loss of ownership of the instant real estate share.
B. 1) Determination 1) In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the outcome of the lawsuit in question. The term "interest" refers to a legal interest, not in fact an economic or emotional interest, and this refers to a case in which res judicata effect or executory power of the judgment in question is naturally granted, or at least a case in which the legal status of the person who seeks to participate in the lawsuit is determined on the premise of the judgment (see, e.g., Supreme Court Decision 2005Da19156, Apr. 26, 2007). 2) The lawsuit in this case refers to a case in which the plaintiff cancelled part of the purchase and sale of the real estate in this case by fraudulent act and the defendant, and it is not related to the ownership of the real estate in this case, and even if a claim for revocation of a fraudulent act is accepted, it is not related to a lawsuit between the parties to the lawsuit, even if there is no evidence to recognize that the intervenor purchased the real estate share in this case and thus is not related to the intervenor.
Therefore, the Intervenor's objection.