1. The application for intervention by the co-litigants shall be dismissed; and

2. The plaintiff's claim is dismissed.

3. Of the costs of lawsuit.

1. Determination on the legitimacy of the application for intervention in the co-litigation

A. On March 2012, the Intervenor asserted that the Plaintiff and the Defendant entered into a partnership agreement with the owner of the building to take charge of duties, such as the conclusion of the construction contract with the Defendant, and that the Defendant is responsible for the construction from the commencement to the completion of the construction work and distribute half of the profits generated from the construction work, etc. The Defendant received construction expenses from the Plaintiff with respect to the construction of the housing in the Chungcheong-gun D, Chungcheong-gun, and did not properly proceed with the construction. Accordingly, the Defendant asserted that the contract was terminated upon the Plaintiff’s declaration of intent to terminate the partnership agreement, and claimed that the Defendant would have paid the remaining construction expenses related to the construction cost of the said D-gun, which were half of the total construction cost of KRW 250,000,000 for which no settlement has yet been made against the Defendant, and that the Intervenor

In other words, the intervenor who is the husband of the plaintiff as well as the plaintiff's husband also constitutes the party who entered into the above partnership agreement with the defendant, and thus, the intervenor participates in the co-litigation in order to receive settlement of the remaining construction cost of KRW 1,1250,000, half of the construction cost related to the above D Housing Construction Corporation from the defendant.

B. Article 83(1) of the Civil Procedure Act provides, “If the subject-matter of lawsuit is to be jointly determined by one party and a third party, such third party may participate in the lawsuit as co-litigants.” Co-litigation is allowed for a third party only when the subject-matter of lawsuit between the other party and the third party becomes final and conclusive jointly with either party, i.e., when the subject-matter of lawsuit between the other party becomes final and conclusive against the other party, the judgment between the other party becomes effective against the third party (see, e.g., Supreme Court Decisions 85Da620, Jul. 22, 1986; 2001Da13013, Jul. 13, 2001). 2) With respect to a partnership agreement, such as a partnership agreement, such as a partnership agreement, a request for dissolution, withdrawal from the partnership, or withdrawal from the partnership.