토지수용재결처분취소 등
1. Of the judgment of the first instance court, the plaintiffs' primary claim against the defendant local Land Tribunal of Jeju Special Self-Governing Province.
1. The plaintiffs are primarily seeking revocation of the disposition of expropriation of land on December 7, 2006 to Defendant Jeju Special Self-Governing Province Land Expropriation Committee (hereinafter "Defendant Local Land Expropriation Committee"), and, in addition, seeking an increase in compensation for expropriation under the premise that the said disposition of expropriation is valid against Defendant Jeju Free International City Development Center (hereinafter "Defendant Development Center"), and such form of lawsuit constitutes a preliminary co-litigation by the defendant under Article 8(2) of the Administrative Litigation Act, Article 70(1) of the Civil Procedure Act, where a claim against part of the co-litigants is legally incompatible with that against other co-litigants.
However, the first instance court all dismissed the plaintiffs' primary claims, and accepted the plaintiff A, B, and C's conjunctive claims (the plaintiff's partial acceptance in case of the plaintiff C), and dismissed the plaintiff's conjunctive claims. Accordingly, the plaintiffs appealed only to the primary claims among the part against which the judgment of the first instance court was ruled (the plaintiff D appealed appealed on the conjunctive claims, but withdrawn the above part of the conjunctive claims on February 25, 2010), and the defendant Development Center did not appeal as to the conjunctive claims against the judgment of the first instance court.
Therefore, inasmuch as the plaintiffs filed an appeal as to the primary claim, it shall not become final and conclusive as to the conjunctive defendant Development Center which needs to be consolidated in relation with the primary defendant local Land Expropriation Committee, and shall be subject to the judgment of this court. However, such ancillary defendant Development Center is in the position of "party to the appellate trial" who did not appeal without filing an appeal.
(Provided, That the part of the claim against the plaintiff's preliminary defendant is excluded from the scope of the trial of this Court due to the withdrawal of the above appeal).