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1. The defendant Korea Asset Management Corporation shall dismiss the application for succession participation by successors;
2. The Plaintiff:
A. Defendant.
Reasons
1. On August 28, 2012, an intervenor succeeding to the Defendant Korea Asset Management Corporation (hereinafter “participating”) received the claim against the Defendant C&D Co., Ltd., Defendant C&D around August 28, 2012 regarding the legitimacy of the application for intervention by succeeding to the Defendant Korea Asset Management Corporation, and filed an application for intervention by succession, alleging that he/she received the notification of transfer from Defendant C&D and notified the transfer to Defendant C&D Co.,
According to Article 81 of the Civil Procedure Act, in case 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 apply for intervention in succession to the court in which the lawsuit is pending. Such application for intervention in succession constitutes a kind of lawsuit
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 Decision 201Da85789 Decided April 26, 2012). The fact that the instant lawsuit was filed on July 9, 2014 and the duplicate of the complaint was served on Defendant Korea Asset Management Corporation on July 17, 2014 is apparent in the record. The Intervenor, based on its own assertion, acquired the claim against Defendant Korea Asset Management Corporation, Defendant C&C Co., Ltd. prior to the instant lawsuit, and notified the transfer of the claim, and thus, the instant application for intervention was satisfied the requirements.
In addition, pursuant to Article 57 of the Registration of Real Estate Act, a person who is the other party to the registration seeking the declaration of consent for the registration of cancellation is deemed to have suffered general damages in the form of registration of the third party in the interest of the other party to the registration, which is the right holder to seek the declaration of consent for the registration of cancellation, and according to each description of the evidence No. 1 to No. 3, the seizure right holder, which is additionally recorded in the registration of the establishment of a mortgage in the vicinity of paragraph (a)