1. The request for each succession by the intervenors to the defendant C-Limited Company shall be dismissed.

2. The plaintiff's defendants.

1. Judgment ex officio on the legitimacy of the application for intervention by succession

A. According to Article 81 of the Civil Procedure Act, where a third party succeeds to the whole 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 institution of lawsuit,

A case constitutes a litigation requirement and required to participate

If there is any defect in a case, the request for intervention shall be rejected by a judgment following pleadings.

Meanwhile, the original party who has transferred the right or obligation, which is the object of a lawsuit, to the succeeding intervenor while the lawsuit is pending, may withdraw from the lawsuit with the consent of the other party, and the judgment on the withdrawing party also has the effect of the withdrawal of the lawsuit (Article 80 of the Civil Procedure Act). Since the withdrawal of such lawsuit is allowed only where the intervention in succession is legitimate, in cases where the intervention in succession is illegal, the withdrawal of the original party

(see, e.g., Supreme Court Decision 2011Da85789, Apr. 26, 2012). (B)

In light of the aforementioned legal principles, around February 17, 2015, prior to the continuation of the instant lawsuit, the Intervenor D Co., Ltd. (hereinafter “D”) filed an application for succession intervention on March 13, 2019 on the ground that he/she acquired the Defendant’s claim against H from the Defendant C with respect to the said Defendant and notified H of the transfer around that time. Defendant C filed an application for succession intervention on April 10, 2019.

On the other hand, another succeeding intervenor E Co., Ltd. (hereinafter “E”) of the above defendant filed an application for intervention on April 29, 2019 on the ground that around February 27, 2019, he/she acquired the claim against H again from D and notified H of the transfer.

D’s application for intervention in succession is the subject of the lawsuit prior to the continuation of the instant lawsuit.