Where there is no interest in a lawsuit against either of the parties in an independent party participation lawsuit, and whether the lawsuit is appropriate;

In order to participate in an independent party, each separate claim compatible with the principal claim must be made against the original and the defendant in the lawsuit seeking participation, and even if there is a separate claim in form, if there is no benefit of the lawsuit on the other hand, an independent party participation shall not be made.

Article 72 of the Civil Procedure Act

Supreme Court Decision 74Da897,898 Decided March 25, 1975, 69Da145 Decided May 27, 1969

Plaintiff

Defendant 1 and one other

Attorney Lee Jae-sik, Counsel for the intervenor of an independent party

Daegu High Court Decision 80Na10,11 delivered on June 13, 1980

The appeal is dismissed.

The costs of an appeal shall be borne by an independent party intervenor.

The grounds of appeal by an independent party intervenor are examined.

In order to participate in an independent party under Article 72 of the Civil Procedure Act, each separate claim against the plaintiff and the defendant must be made consistent with the principal claim, and even if there is a separate claim in form, if there is no benefit in the lawsuit against the plaintiff, the independent party can not participate (see, e.g., Supreme Court Decisions 69Da145, May 27, 1969; 74Da897,898, Mar. 25, 1975; 74Da897, etc.). The principal lawsuit (the principal lawsuit) is a provisional registration for preserving the right to claim ownership transfer under the name of the defendants as to each of the real estate stated in the attached list of the original judgment attached to the court below, and the execution of each procedure for registration of cancellation of ownership transfer based on each of the above provisional registration. In addition, in the case of the plaintiff and the defendant 2, it is clear that the plaintiff's claim is the ownership of each of the real estate stated in the attached list attached to the court below, and that the plaintiff's claim shall be dismissed.

Therefore, the lawsuit for participation in this case is illegal as it does not meet the requirements of the lawsuit for participation, and thus, the court below's decision that rejected the application for participation in this case is just, and there is no error of law as to misunderstanding of legal principles as to participation in the judgment of the court below or confusion about the front and rear part of Article 72 (1) of the Civil Procedure

The issue is groundless.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Tae-hee (Presiding Justice)