임대차보증금
1. Of the judgment of the court of first instance, the part concerning Defendant B is modified as follows. A.
Defendant B, Inc.
1. Subjective preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between each other with respect to the same legal relationship in a lump sum without contradiction (Article 70(2) of the Civil Procedure Act). A judgment shall not be granted in respect of the claims against all co-litigants (Article 70(2) of the Civil Procedure Act), or in respect of some co-litigants, or in respect of remaining co-litigants.
In addition, if one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the final and conclusive part of the claim concerning other co-litigants shall be prevented, and it shall be subject to adjudication as it is transferred to the appellate court, and in such case, the subject of adjudication on the appeal shall be determined by considering the necessity of the final and conclusive conclusion between the main co-litigants and their parties.
(see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). In the first instance trial, the Plaintiff filed a return of the lease deposit and a claim for return of unjust enrichment equivalent to the said lease deposit, as deemed subsequent to the Defendant Company B (hereinafter “Defendant Company”).
The first instance court did not judge the part of the claim against the conjunctive defendant C in violation of Article 70(2) of the Civil Procedure Act, while receiving the claim for return of the above lease deposit against the defendant company.
In this regard, the defendant company appealed the part of the claim against the conjunctive defendant C, and the scope of the trial of this court is judged together with this decision.
2. Basic facts
A. The term “propion E”, which is an independent organization of the sub-local sub-local sub-council E, is to build sub-council E in the same manner as that of the Sejong E, Sooncheon E, Soon for the relief of the crew members, Boan, Boan, and the ground bureau.