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1. The application for succession by the successor to the defendant Aju Capital Co., Ltd. shall be dismissed;
2. The Defendants are the Plaintiff.
Reasons
1. According to Article 81 of the Civil Procedure Act, ex officio determination on the legitimacy of the motion for intervention by the successor of the defendant Aju Capital Corporation, where the third party succeeds to the whole or part of the right or obligation which is the object of the lawsuit while the lawsuit is pending before the court, such third party may apply for intervention by succession to the court in which the lawsuit is pending. Such application for intervention by 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). According to the evidence Nos. 1 and 2 evidence Nos. 1 and 2, the succeeding intervenor of Defendant Aju Capital Co., Ltd. (hereinafter “Defendant Aju Capital”) acquired all the claims and rights incidental thereto against Defendant Aju Capital Co., Ltd. on August 29, 2013. However, the time when the lawsuit of this case was pending before the court, the time when the complaint of this case was served on Defendant Aju Capital, was served on May 30, 2014 by the complaint of this case, and it is apparent that the succeeding intervenor of Defendant Aju Capital could not take part in the succession on the ground of the above credit transfer that took place prior to the continuation of the lawsuit of this case, the succeeding intervenor of Defendant Aju Capital cannot take place on the ground that the succeeding intervenor of this case was unlawful.
2. Judgment on the ground of the Plaintiff’s claim
A. The facts of recognition 1) On November 11, 201, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by the Plaintiff, the registration of ownership transfer in the name of the Plaintiff (hereinafter “instant registration of ownership transfer”) was completed on November 14, 201 as the receipt of No. 69593 on November 14, 201.
B. B regarding the instant real estate after the registration of ownership transfer was made.