【裁判要旨】第三人撤销之诉是介于生效判决的确定性、法律关系的安定性、第三人利益保护之间的平衡机制。对于与公司利益一致之股东,其利益在原诉中已被代表的情况下,不得另行提起第三人撤销之诉。 The purpose of the referee The revocation of the third party is between the certainty of the effective judgment, the stability of the legal relationship and the third party protection of the balance between the mechanisms. In the case of shareholders whose interests are in line with the interests of the company whose interests have been represented in the original complaint, no further action against the withdrawal of the third party may be filed.