1. The application for intervention by the defendant succeeding intervenor shall be dismissed;

2. For the partition of co-owned property in Jeonju District Court and Eup branch court C:

Description of Claim

Attached Form

same as the reasons for the claim.

Judgment by deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

3. On January 26, 2018, the Defendant succeeding intervenor filed an application for intervention in succession, asserting that “the Defendant’s claim for distribution against D was acquired from the Defendant on January 26, 2018, the Seoul Southern District Court 2010 tea 25372 against the Defendant’s claim for distribution.”

However, the succession intervention requires that the right or obligation which is the subject of the lawsuit seeking intervention was succeeded to “in the course of a lawsuit” (see Article 81 of the Civil Procedure Act and Supreme Court Decision 83Meu1027, Sept. 27, 1983). The time when the defendant succeeding intervenor asserts that he/she acquired the above claim from the defendant is apparent in the record that it was prior to March 26, 2018, the filing date of the lawsuit in this case. Thus, the defendant succeeding intervenor’s application for intervention is unlawful because it fails to meet the requirements.

Therefore, the above application for intervention is dismissed.