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(영문) 부산고등법원(창원) 2015.12.16 2014누10762
건축허가 불가 처분취소 청구의 소
Text

1. All of the supplementary participation applications by the Defendant joining the Defendant are dismissed.

2. All appeals filed by the plaintiffs are dismissed.

3...

Reasons

1. Determination as to the legitimacy of the Defendant’s Intervenor’s motion for intervention

A. The gist of the Defendant joining the Defendant’s assertion has been as follows: (a) constructed commercial buildings (hereinafter “instant building”) on the K-owned land (hereinafter “K-owned land”) owned by the Defendant joining the Defendant that was registered as the Plaintiff A (hereinafter “F”) and leased it, and (b) operated leasing business for more than 30 years by raising lease profit; and (c) the lessee of the instant commercial building has been using it as a channel that connects F-owned land as the current state to the contribution.

Therefore, if the plaintiffs won the case in this case, they cannot use the building in this case as intended, and the defendant joining the defendant has a legal interest in the lawsuit in this case.

B. In order to intervene in an assistance to assist one of the parties in a specific litigation case, an interest in the outcome of the relevant lawsuit must be interested. The term "interest" refers to a legal interest, not in fact, economic or emotional interest, and it refers to a case where the judgment is subject to res judicata or executory power of the relevant lawsuit, or where the judgment does not directly affect the effect of the relevant lawsuit, it refers to a case where the legal status of a person who intends to participate in an assistance is determined on the premise of the judgment

(See Supreme Court Decision 2005Da19156 Decided April 26, 2007, etc.). In addition to each description and image of the evidence Nos. 1, 3, 5, and 7 of the evidence Nos. 1 and 2 of the evidence Nos. 1, 3, 5, and 7 (including each number; hereinafter the same shall apply), the Defendant’s Intervenor operates a commercial building, such as the AB convenience store, etc. of the instant building on the land owned by the Defendant’s Intervenor in the vicinity of the F land.

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