An independent party intervenor's confirmation request against the plaintiff has no interest in confirmation, and an application for intervention is unlawful.

In a lawsuit claiming ownership transfer registration against the defendant, the plaintiff's claim seeking confirmation of non-existence of a claim relationship between the plaintiff and the defendant due to the above sales contract between the plaintiff and the defendant on the premise that the plaintiff purchased the real estate from the defendant. It is unlawful that the plaintiff's independent party's application for participation does not meet the requirements for participation.

Articles 72 and 228 of the Civil Procedure Act

[Defendant-Appellee] Defendant 1 and 3 others, Counsel for defendant-appellee-appellant

Defendant

[Defendant-Appellee] Defendant 1 and 3 others

Jeonju District Court Decision 80Na66,67 delivered on September 25, 1980

The appeal is dismissed.

The costs of the appeal shall be borne by the independent party intervenor.

The grounds of appeal are examined.

An independent party participating in a lawsuit as a party or a third party who asserts that all or part of the subject matter of the lawsuit is his own right, or is subject to an infringement of rights by the result of the lawsuit, intends to settle in a lump sum without inconsistency between the two parties' conflicting rights or legal relations. Thus, even if a separate claim is made by judgment against the plaintiff and the defendant who intend to participate in the lawsuit, and if a separate claim is made in a form and form, the independent party's participation is illegal if the claim against the plaintiff and the defendant is not a profit, and the records are purchased from the defendant on November 30, 1956. Thus, the independent party's participation in the Health Agency (hereinafter referred to as the "invenor") shall seek the implementation of the registration procedure for transfer against the defendant on the ground that the plaintiff and the defendant purchased the real estate in this case from the defendant on the ground that there is no claim relationship between the plaintiff and the defendant on March 30, 1957 between the plaintiff and the defendant, the independent party's participation in the lawsuit cannot be viewed as unlawful as an independent party's participation in this case.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)