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(영문) 청주지방법원 2018.02.23 2017가합756
유치권확인청구 등
Text

1. The plaintiff's supplementary intervenor's application for participation shall be dismissed.

2. The plaintiff's claim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On March 11, 2012, the Plaintiff entered into a construction contract with D Company on the construction cost of KRW 770,000,000 for civil engineering works for the creation of a site for the instant real estate and six months from the date of the commencement of the construction period (hereinafter “instant construction contract”).

B. 1) On January 29, 2016, with respect to the instant real estate, voluntary auction commencement (hereinafter “instant auction procedure”) was commenced with the Cheongju District Court E.

(2) On May 13, 2016, the Plaintiff filed a lien report by asserting that there was KRW 350,000,000 of the construction price claim under the instant construction contract, as to the instant real estate, during the instant auction procedure.

3) The Defendant purchased the instant real estate at the above auction procedure and completed the registration of transfer of ownership in the name of the Defendant on May 31, 2017. [Grounds for recognition] The Defendant did not dispute, and the evidence of subparagraphs A1 through 4 (including the case numbered; hereinafter the same shall apply).

each entry and the purport of the whole pleading

2. The Plaintiff’s Intervenor asserts to the effect that the Plaintiff’s Intervenor, as the field director of the construction site under the instant construction contract, ordered the above construction work and disbursed construction expenses, and that the right of retention should be secured as the father’s representative director. Thus, the Plaintiff’s Intervenor’s assertion to the effect that the Plaintiff’s Intervenor filed an application for intervention in the instant lawsuit due to interests in the outcome

Therefore, in order to assist one of the parties in a specific litigation case, there must be an interest in the outcome of the lawsuit concerned, and the interest here refers to a legal interest, not a de facto, economic or emotional interest (see Supreme Court Decision 9Da12796, Jul. 9, 199). The mere fact that the Plaintiff’s Intervenor is inside is concerned is a legal interest required as a requirement for participation.

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