logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.06 2017가단32457
승낙의 의사표시 확인 청구
Text

1. The motion for succession of this case shall be dismissed.

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. As to the legitimacy of the application for intervention in the instant case, the Plaintiff: (a) provisionally seized the right to claim ownership transfer on the basis of the claim against Nonparty C; and (b) sought a declaration of consent to the cancellation of the provisional registration against the Defendant Korea Asset Management Corporation, which completed the entry registration; and (c) the Defendant’s succeeding intervenor filed an application for intervention in the instant case by asserting that he succeeded to the status of the Defendant’s provisional attachment obligee by acquiring the claim against the Defendant

However, according to Article 81 of the Civil Procedure Act, in case where a third party succeeds to the right or obligation which is the object of a lawsuit, the third party may file an application for succession to the court in which the lawsuit is pending, and such application for succession falls under a kind of institution of lawsuit and outline for intervention.

A case constitutes a litigation requirement and required to participate

If there is any defect in a case, the application for intervention shall be rejected by a judgment following pleadings.

(See Supreme Court Order 2006Ma1171 Decided August 23, 2007, etc.). The facts that the instant lawsuit was filed on April 5, 2017 and a duplicate of the complaint was served on the Defendant on April 17, 2017 are apparent in the record. The succeeding intervenor acquired the preserved claim against the provisional seizure from the Defendant on September 18, 2012, which is the transfer of the instant lawsuit. Thus, the instant application for intervention is unlawful because it fails to meet its requirements.

In addition, the "third party who has an interest in the registration", which is the other party to seek a declaration of consent for the registration of cancellation in accordance with Article 57 of the Registration of Real Estate Act, refers to the person who is likely to sustain a loss generally in light of the form of registration. According to the evidence No. 6-1 through No. 5, the holder of the provisional attachment right whose ownership transfer claim is recorded additionally in the registration of the ownership transfer claim with the claim that the succeeding intervenor acquired by transfer as the preserved bond.

arrow