매매대금반환
1. The plaintiff's appeal against the defendant B is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
purport.
1. Scope of the judgment of this court;
A. Subjective and 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). It is prohibited to render a judgment on the claims against all co-litigants (Article 70(2) of the Civil Procedure Act), or to render an additional judgment on the remaining co-litigants.
In addition, if one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the confirmation of the claim part concerning other co-litigants shall be prevented, and it shall be transferred to the appellate court, and in such case, the subject of adjudication on the appeal shall be determined in consideration of the need for the unity of conclusion between the main and preliminary co-litigants and the other parties.
(See Supreme Court Decision 2009Da43355 Decided February 24, 201). In a subjective and preliminary co-litigation, even in cases where an appeal is filed against either the primary co-litigants or any of the conjunctive co-litigants, the confirmation of the portion of the claim related to other co-litigants shall be interrupted, and they shall be subject to adjudication by the appellate court.
B. The Plaintiff primarily requested the return of the sale price following the cancellation of the sale contract against Defendant B Co., Ltd. (hereinafter “Defendant B”), the conjunctively requested the return of the sale price pursuant to the agreement against Defendant C Co., Ltd. (hereinafter “Defendant C”) and D Co., Ltd. (hereinafter “Defendant D”), and the first instance court dismissed the Plaintiff’s primary claim against Defendant B, and sentenced the judgment citing the conjunctive claim against Defendant C and D.
As to this, the Plaintiff appealed against the part against the Plaintiff against Defendant B.
The main claim of this case and ancillary claim of this case.