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(영문) 서울중앙지방법원 2019.11.13 2019가단21857
공탁금출급청구권 확인청구
Text

1. G, on December 2, 2016, the right to claim a deposit of KRW 4,00,000 deposited by the Chuncheon District Court No. 1635 in 2016.

Reasons

1. Determination as to the Plaintiff’s claim against the Defendants

(a)as shown in the reasons for the attachment of the claim;

B. 1) Judgment by service (Article 208(3)3 of the Civil Procedure Act) against Defendant C by public notice (Article 208(3)2 of the Civil Procedure Act) as to Defendant D and E by each confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. On November 30, 2018, the succeeding intervenor of Defendant E, who made a judgment on the application for intervention by the succeeding intervenor of Defendant E, entered into a claim transfer and takeover contract with H, which acquired the claim from Defendant E, and around that time, he filed an application for succession to the legal proceedings of Defendant E on the ground that he notified Defendant C of the claim transfer and takeover.

However, the succession intervention is allowed when a third party asserts that he succeeded to all or part of the rights or obligations, which are the object of lawsuit, while the lawsuit is pending before the court (see Article 81 of the Civil Procedure Act). Since the succeeding intervenor of Defendant E claims that he had already succeeded to the rights, which are the object of lawsuit prior to May 10, 2019, the date for filing the lawsuit in this case by the Plaintiff, the application for intervention by the succeeding intervenor of Defendant E is unlawful

(2) The plaintiff's claim against the defendants is justified. Thus, the plaintiff's claim against the defendants is accepted. The defendant E's successor's application for intervention is unlawful. Thus, the defendant E's application for intervention is dismissed as it is so decided as per Disposition.

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