승낙의 의사표시 청구
1. All appeals filed by the Plaintiff, Defendant D, Industrial Bank of Korea, F, and independent party intervenors are dismissed.
1. The scope of a trial by this court pursuant to Article 79 of the Civil Procedure Act is the form of a lawsuit in which the plaintiff, defendant, and an independent party intervenor resolve without inconsistency in the dispute between the plaintiff, the defendant, and the independent party intervenor with respect to the same legal relationship. When an independent party participant is deemed lawful and a judgment on the merits of a lawsuit between the plaintiff, the defendant, and the independent party intervenor is rendered on the merits of the lawsuit between the plaintiff, the defendant, and the independent party intervenor, the court shall render a final judgment designating the above three parties as the title holder of the judgment, thereby rendering a single final judgment. In the event one party appeals on the merits, the final judgment of the first instance judgment is
In such cases, the object of the appellate court's trial is limited to the scope of objection expressed in the purport of appeal by the person who actually filed the appeal, but the scope of the trial should be determined by considering the necessity of the conclusion between the above three parties.
(See Supreme Court Decisions 2009Da71312, 71329, 71329, 7136, 71343, and 71343 Decided November 13, 2014; 2006Da86573, 86580 Decided October 26, 2007, etc.). The Plaintiff requested the Defendants to express his/her consent for the registration of the restoration of the establishment of a mortgage in line with the purport of the claim, and the independent party intervenor filed a claim against the Plaintiff for the confirmation of non-existence of the secured obligation arising out of the establishment of a mortgage. The first instance court accepted all the claims of the Plaintiff and partly accepted the claims of the independent party intervenor.
As to this, the plaintiff filed each appeal against the plaintiff against the defendant D, Industrial Bank of Korea, F, and the independent party intervenor (the defendant B, C, and E also filed an appeal, but the appeal was dismissed due to non-performance of correction of stamp shortage). The plaintiff seeks confirmation of non-existence of the secured obligation of the establishment of a mortgage near the above mortgage registration.