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(영문) 서울중앙지방법원 2018.09.06 2017나60637
부당이득금
Text

1. The request for intervention of an independent party intervenor raised in the trial shall be rejected;

2. The defendant's appeal is dismissed.

3...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the judgment on the intervenor's application for intervention of the independent party to the lawsuit, the court's explanation concerning this case is consistent with the judgment of the court of first instance pursuant to the main text of Article 420 of the Civil Procedure Act. Thus, the court's explanation concerning this case is consistent with the main text of Article 420 of the Civil Procedure Act.

"A lack of evidence to acknowledge that the conclusion of the sales agency contract of this case was caused to the Plaintiff or that the damage was caused to the Plaintiff by the conclusion of the sales agency contract of this case, and there is no other evidence to acknowledge otherwise."

2. Judgment on the Intervenor’s application for intervention as an independent party

A. The intervenor lent KRW 200 million to the plaintiff, and at the time when the plaintiff pays KRW 150 million to the defendant as the security deposit for the sale of commercial building sales agency contract, the defendant recognized that the above KRW 150 million was part of the above loan and delivered the commercial building sales contract concerning KRW 14-5 among the commercial buildings of this case as security for the above money to the intervenor.

Therefore, when the sales agency contract between the plaintiff and the defendant is terminated, the defendant should return the sales deposit to the intervenor according to the purport of the sales agency contract.

B. The plaintiff and the defendant asserts that the application for intervention by the independent party intervenor is unlawful.

A third party who claims the whole or part of the subject matter of a lawsuit as his own right, or claims that the right is infringed upon as a result of a lawsuit may participate in a lawsuit as a party to both or one of the parties (Article 79(1) of the Civil Procedure Act). In an independent party participation, the plaintiff's principal claim and the intervenor's claim are asserted in itself.

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