The appeal against an independent party intervenor shall be dismissed.

The costs of appeal are assessed against the defendant.

1. With respect to the appeal against the plaintiff, an independent party intervention lawsuit pursuant to Article 79 of the Civil Procedure Act is a form of lawsuit in which the plaintiff, the defendant, and the intervenor of the independent party resolve the same legal relationship without contradiction in a lump sum with each other as a single litigation proceeding. In a case where an independent party intervention is deemed lawful and a judgment on the merits of a lawsuit between the plaintiff, the defendant, and the intervenor of the independent party is rendered on the merits, a final judgment with the above three parties as the title holder of the judgment should be rendered, thereby rendering a single final judgment with the above three parties. In a case where one party appeals on the merits, the final judgment of the first instance shall be interrupted, and the whole

In such cases, the subject of the appellate court's judgment shall be limited to the scope of objection expressed in the purport of appeal by the person who filed the actual appeal, but the scope of the judgment should be determined by considering the necessity of the conclusion of the conclusion between the three parties

(See Supreme Court Decision 2006Da86573, 86580, Oct. 26, 2007, etc.). According to the records, the plaintiff filed a claim for the registration of ownership transfer against the defendant as the principal lawsuit, and the independent party intervenor participated during the principal lawsuit and filed a claim for the registration of ownership transfer concerning the real estate in this case against the defendant. The first instance court dismissed the plaintiff's principal lawsuit, and accepted the plaintiff's claim against the defendant, and only the defendant appealed against the independent party intervenor, but the court below dismissed the defendant's appeal.

Examining the above facts in light of the legal principles as seen earlier, the scope of the judgment of the court below is limited to the part against the defendant against the independent party intervenor, and the part against the plaintiff in the judgment of the court of first instance is not subject to the judgment, and the defendant