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(영문) 서울중앙지방법원 2020.11.12 2020나12058
사해행위취소
Text

1. The application for intervention in the instant co-litigation shall be dismissed.

2. The costs of lawsuit resulting from the intervention in the co-litigation shall be.

Reasons

1. Ex officio decision-making as to the legitimacy of a motion for intervention in a co-litigation shall be permitted in cases where the purpose of the lawsuit is to be jointly determined by either party and a third party (joint-litigants) (Article 83(1) of the Civil Procedure Act). Even in cases where the intervenor’s assertion itself is based on the intervenor’s assertion, it is difficult to view that the purpose of the lawsuit is to be jointly determined by the Plaintiff and the intervenor, and thus, the Intervenor’s application for intervention in a co-

On the other hand, the Seoul Central District Court 2020Na11284 case against the defendant was finally affirmed on October 28, 2020.

2. Conclusion, the motion for intervention in the instant co-litigation is unlawful and cannot be corrected. Thus, the motion for intervention in the instant co-litigation is dismissed by a judgment without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

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