건물철거 등
1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
If one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the final judgment on the part of the claim against other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of the appellate court’s judgment shall be determined in consideration of the need for the final judgment on the conclusion between the main and preliminary co-litigants and their parties.
(see, e.g., Supreme Court Decision 2009Da7076, Sept. 29, 201). The Plaintiff sought a judgment identical to the purport of the claim against the primary Defendant, but also sought a judgment against the primary Defendant B in preparation for a case where the said Defendant is not in a position to legally and practically dispose of the building of this case. This is a subjective and preliminary co-litigation relationship in which the other party’s legal effect is denied if the legal effect of the building of this case is recognized. Therefore, the part concerning the conjunctive Defendant B, upon the Defendant’s appeal, shall be excluded from confirmation and shall be transferred to the appellate court.
Accordingly, in the trial, the part of the claim against the preliminary defendant is also examined.
With respect to this case, this court’s explanation is to delete “a fact close to the date of closing of argument in this case” among the judgment of the court of first instance, and to accept it according to the main sentence of Article 420 of the Civil Procedure Act, except for correcting “fact 4” to “fact 4” as “fact 4,” and therefore, it is identical to the reasoning of the judgment of the court of first instance.
Therefore, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.