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(영문) 대구지방법원서부지원 2017.12.22 2017가합50908 (1)
손해배상(기)
Text

1. The application for intervention by succession of the defendant shall be dismissed;

2. The costs of the lawsuit resulting from the succession are assessed against the defendant.

Reasons

1. It is evident that the applicant filed an application for intervention in succession on October 26, 2017, which was the date of closing argument in the trial, by asserting that he/she succeeded to the rights and duties of the defendant after the part of the defendant was partially divided and established.

According to Article 81 of the Civil Procedure Act, in cases where a third party succeeds to all or part of the right or obligation which is the object of a lawsuit while the lawsuit is pending before the court, such third party may file an application for intervention in succession with the court in which the lawsuit is pending. However, in cases where an application for intervention in succession is filed after the closure of pleadings, whether the pleading is resumed or not does not have the obligation to resume to the court and have the obligation to resume to the court (see Supreme Court Decision 2004Da26997, Mar. 11, 2005). Unless the court does not resume the pleading,

It is unlawful on account of its lack of case.

2. In conclusion, the applicant’s motion for intervention in the succession of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench without holding any pleadings under Article 219 of the Civil Procedure

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