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(영문) 대구지방법원 2019.10.23 2019나308998
소유권이전등기
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport, purport, and.

Reasons

1. We examine, ex officio, whether the appeal by the Defendants is lawful, as to the legitimacy of the appeal by the Defendants.

The supplementary intervenor cannot conduct any procedural acts which cannot be conducted by the original party according to the degree of the progress of the lawsuit at the time the supplementary intervenor participated. Thus, if the supplementary intervenor submits a petition of appeal from the time when the original copy of the judgment was served on the supplementary intervenor, even if the period of appeal has already expired in relation to the supplementary intervenor, the supplementary intervenor’s appeal also becomes unlawful since the period of appeal expired.

(See Supreme Court Decision 2007Da41966 Decided September 6, 2007, etc.). The first instance court served the Defendants’ judgment by public notice at the time of April 23, 2019, and the Defendants’ supplementary intervenor filed the instant appeal on May 7, 2019 on behalf of the Defendants is clear in the record.

As the period begins at midnight, the first day of the period is included (proviso of Article 157 of the Civil Act). The instant appeal filed by the Defendants’ assistant intervenors for the Defendants is unlawful as it was filed after the lapse of the period of two weeks’ appeal in relation to the Defendants, who are the original parties.

(Supplementary intervenor withdrawn an appeal in this court on June 3, 2019; however, it is reasonable to deem that the supplementary intervenor cannot withdraw an appeal against the intent of the original party, and it is not possible to confirm the intent of the original party in this case, and thus, the validity of withdrawal of appeal is not recognized). 2. As such, the appeal by the Defendants is unlawful and dismissed in entirety.

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