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(영문) 대법원 1967. 6. 13. 선고 67다550,551 판결
[소유권이전등기(본소),채무존재확인등][집15(2)민,062]
Main Issues

2. Illegal cases of failure to meet the requirements for participation of an independent party;

Summary of Judgment

In order to participate in an independent party, one's own claim against each of the plaintiff and the defendant, which is incompatible with the principal claim, and the participation which fails to meet this requirement, is unlawful.

[Reference Provisions]

Article 72 of the Civil Procedure Act

Plaintiff-Appellee

The Korea Institute of Education;

Defendant-Appellee

Young Private Teaching Institutes

Party, Intervenor, or Appellant

Intervenor of a Party

Judgment of the lower court

Seoul High Court Decision 66Na175, 176 delivered on February 14, 1967

Text

The appeal is dismissed.

The costs of an appeal shall be borne by the party's intervenor.

Reasons

Judgment on the Grounds of Appeal by the Intervenor of the Party

The plaintiff's claim against the plaintiff against the defendant is that the defendant shall execute the procedure for ownership transfer registration on April 20, 1962 with respect to the real estate stated in the attached list No. 1 in the original judgment. The plaintiff's claim against the plaintiff is dismissed. The plaintiff shall pay 485,450 won to the plaintiff. The defendant shall confirm that the plaintiff has a three-dimensional claim against the defendant. If the plaintiff participates in an independent party, it shall be decided without contradiction between the plaintiff, the defendant, and the third party. Thus, in this case, the plaintiff's claim against the defendant is not a legitimate claim against the plaintiff and the defendant, and if the plaintiff's claim against the defendant is not a legitimate claim against the plaintiff, the plaintiff's claim against the defendant is not a claim against the plaintiff, and the plaintiff's claim against the defendant is a claim for payment of money against the defendant, and since the plaintiff's claim against the defendant is a claim for confirmation of the existence of a claim against the defendant, the plaintiff's claim against the plaintiff's assertion that the plaintiff's claim against the plaintiff's claim against the plaintiff's claim against the plaintiff is unlawful.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu

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