임대차보증금반환 등
1. Defendant E Association’s appeal is dismissed;
2. The costs of appeal shall be borne by Defendant E Association.
purport, purport, and.
1. In the first instance court, the plaintiff primarily filed a claim for refund of the lease deposit against the defendant Eul, and the first instance court filed a claim for reimbursement against the defendant Eul Association, the first instance court's joint defendant C and D based on tort. Accordingly, the defendant Eul filed a claim against the plaintiff as a counterclaim. The first instance court dismissed the part of the main claim against the plaintiff as to the main defendant Eul and accepted part of the main claim against the conjunctive defendant E Association and the joint defendants of the first instance court, and accepted part of the main claim against the defendant Eul.
As to this, the defendant E Association appealed against the defendant E Association, and the plaintiff appealed against the defendant B and withdraws it, the part of the counterclaim claim by the defendant B shall be excluded from the subject of the judgment of this court.
On the other hand, if one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim against other co-litigants is prevented, and it is subject to adjudication by the appellate court (see Supreme Court Decision 2009Da104960, 104977, Mar. 27, 2014). Thus, the subject of adjudication by this court is the part against the main defendant B and the conjunctive defendant E Association among the plaintiff's claims.
2. The reasoning of the judgment of this court citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except where the court of first instance sees the “sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-
However, '3. 3. Judgment on the counterclaim' is excluded from the part of 'decision on the counterclaim'. 3. Then, the judgment of the first instance is legitimate, and the appeal by the defendant E Association is dismissed. It is so decided as per Disposition.