beta
Text
1. Revocation of the first instance judgment.
2. The plaintiff's successor's motion for intervention shall be dismissed.
3. Of the total costs of the lawsuit.
Reasons
1. The intervenor asserted that the plaintiff purchased the real estate of this case from the defendant on April 27, 2017, and purchased 250 million won from the plaintiff on February 1, 2018, when the lawsuit of this case was pending in the court of first instance, and acquired the buyer's status. The defendant received from the plaintiff the payment of the down payment of KRW 50 million and the intermediate payment of KRW 250 million and the total amount of KRW 250 million from the plaintiff. Thus, the defendant received from the plaintiff the remainder of the purchase payment of KRW 250 million from the intervenor, while taking the procedure for ownership transfer registration and hand over the above real estate from the intervenor.
2. Determination
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, a third party may file an application for intervention with the court in which the lawsuit is pending, specifying the purport of and reason for intervention. The above application for intervention falls under a kind of lawsuit and the requirement for intervention falls under the requirement for intervention, and the application for intervention must be dismissed by a judgment following pleadings when there is a defect in the requirements for intervention (see Supreme Court Order 2006Ma1171, Aug. 23, 2007). In this case, a judgment dismissing an application for intervention by a succeeding intervenor does not necessarily have to be accompanied by a judgment regarding the lawsuit between the original parties. Meanwhile, the party who transferred the right or obligation to the succeeding intervenor during the lawsuit pending the lawsuit may withdraw from the lawsuit with the consent of the other party, and even the withdrawn party has the effect of the judgment (Article 80 of the Civil Procedure Act, such withdrawal from the lawsuit is permitted only where the succession is legitimate, and where the intervention by succession is unlawful, the party’s.
Therefore, the application for intervention by the succeeding intervenor is illegal.