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

2. The defendant shall be the plaintiff.

(a) the annexed list;

1. Judgment on the plaintiff's claim

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination on the legitimacy of the Intervenor’s motion for intervention in succession

A. According to Article 81 of the Civil Procedure Act, where a third party succeeds to all or part of the right or obligation which is the object of a lawsuit while the lawsuit is pending before the court, the third party may file an application for intervention in succession with the court in which the lawsuit is pending, specifying the purport of and reasons for intervention. Such application for intervention in succession constitutes a kind of lawsuit

A case constitutes a litigation requirement and required to participate

If there are any defects on a case, they shall be rejected by a judgment following pleadings.

(see Supreme Court Decision 2011Da85789, Apr. 26, 2012). Moreover, in a case where a right, which is the subject matter of a lawsuit, is transferred while a lawsuit is pending, for instance, in a case where a right is transferred before a lawsuit is filed, the application for succession to a lawsuit does not satisfy the requirements for intervention in the lawsuit and is unlawful.

(See Supreme Court Decision 83Meu1027 delivered on September 27, 1983). B.

Judgment

ex officio, the copy of the instant complaint was served on the Defendant by public notice on February 25, 2020. Even according to the Intervenor’s assertion itself, the copy of the instant complaint was served on the Defendant by public notice. On October 30, 2019, prior to the time when the Intervenor’s lawsuit was pending, the registration of ownership transfer was completed on the building indicated in the separate sheet (hereinafter “instant building”) in the Intervenor’s future on August 23, 2019. Thus, it cannot be deemed that the Intervenor’s “where the Plaintiff succeeded to all or part of the rights or obligations for the subject of lawsuit during the period when the lawsuit is pending in the court”.

Furthermore, the intervenor requests succession on the ground that he purchased the building of this case from the plaintiff and completed the registration of transfer of ownership.