토지인도
1. The defendant D's appeal shall be dismissed;
2. All appeals by Defendant C and E are dismissed.
3. The costs of appeal are assessed against the Defendants.
1. Whether Defendant D’s appeal is lawful
A. The plaintiffs' claims against the defendants are one of the main and conjunctive claims, with the exception of a partial claim.
The first instance court fully accepted the plaintiffs' claims against the primary defendant E, and the defendant E appealed, so the whole of the above claims with respect to consolidation of the primary and conjunctive claims are transferred to the appellate court, and they are subject to the judgment of this court.
B. Meanwhile, the part of the Plaintiffs’ claim for the money from December 14, 2012 to December 25, 2013 against Defendant C and D is an ordinary co-litigation relationship with other claims. The first instance court accepted only the Plaintiffs’ claim against Defendant C, and appealed by Defendant C, and thus, the above part of the claim against Defendant C is also subject to the judgment of this court.
However, even though the first instance court dismissed the plaintiffs' claim as to the above claim against the defendant D in its entirety, it appealed only against the defendant D, and since there is no benefit to appeal against the defendant D in its entirety, the appeal by the defendant D is unlawful.
The court below decides only the plaintiffs' remaining claims against defendant D except the above claims.
2. The reasoning for this Court’s explanation is the same as the reasoning stated in the third 17th 17th 11th 3th 11th of the judgment of the court of first instance, except in cases where the cited part is used or added as follows, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Use] Parts from the 5th 7th 7th son of the court of first instance to the 10th 10th son of the court of first instance
A. In unjust enrichment, Defendant C shall pay to the Plaintiffs 13,094,325 won, and 20% interest per annum from June 14, 2014 to the date of full payment. Defendant C shall pay to the Plaintiffs 4,073,790 won 1,454,925 won x [5 months 18/30 days (from December 26, 2013 to June 13, 2014)] x 1/2 and this shall be from June 14, 2014. < Amended by Act No. 12525, Jun. 14, 2014>